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2019 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 135 - Arraignment and Pretrial Provisions
ARRAIGNMENT
- Section 135.010 - Time and place.
- Section 135.020 - Scope of proceedings.
- Section 135.030 - When presence of defendant is required; appearance by counsel.
- Section 135.035 - Bringing in defendant not yet arrested or held to answer.
- Section 135.037 - Omnibus hearing; when held; subject; ruling of court; counsel required.
- Section 135.040 - Right to counsel.
- Section 135.045 - Court appointment of counsel; waiver of counsel; appointment of legal advisor.
- Section 135.050 - Eligibility for court-appointed counsel; financial statement; termination; civil liability.
- Section 135.053 [1979 c.806 §1; 1981 s.s. c.3 §124; repealed by 1985 c.502 §28]
- Section 135.055 - Compensation and expenses of appointed counsel.
- Section 135.060 - Informing defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment.
- Section 135.065 - Name used in further proceedings; motion to strike false name.
- Section 135.067 - Effect of failure to provide true name of defendant on certain types of release.
- Section 135.070 - Informing defendant as to charge, right to counsel, use of statement and preliminary hearing.
- Section 135.073 - Statement by defendant when not advised of rights.
- Section 135.075 - Obtaining counsel.
- Section 135.080 [Formerly 133.635; repealed by 1979 c.867 §18]
- Section 135.085 - Subpoenaing witnesses.
- Section 135.090 - Examination of adverse witnesses.
- Section 135.095 - Right of defendant to make or waive making a statement.
- Section 135.100 - Statement of defendant.
- Section 135.105 - Use of statement before grand jury or on trial.
- Section 135.110
- Section 135.115 - Waiver of right to make statement.
- Section 135.120 [Repealed by 1973 c.836 §358]
- Section 135.125 - Examination of defendant’s witnesses.
- Section 135.130 [Repealed by 1973 c.836 §358]
- Section 135.135 - Exclusion of witnesses during examination of others.
- Section 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; disclosure of test results; penalties.
- Section 135.140
- Section 135.145 - Testimony of witnesses.
- Section 135.150 [Repealed by 1973 c.836 §358]
- Section 135.155 - Retention of record and statements by magistrate; inspection.
- Section 135.160 [Repealed by 1973 c.836 §358]
- Section 135.165 - Counsel for complainant; district attorney.
- Section 135.170 [Repealed by 1973 c.836 §358]
- Section 135.173 - Oregon Evidence Code to apply in preliminary hearings; exception.
- Section 135.175 - Discharge.
- Section 135.180 [Repealed by 1973 c.836 §358]
- Section 135.185 - Holding defendant to answer; use of hearsay evidence.
- Section 135.190 [Repealed by 1973 c.836 §358]
- Section 135.195 - Commitment.
- Section 135.200 [Repealed by 1973 c.836 §358]
- Section 135.205 - Indorsement in certain cases.
- Section 135.210 [Repealed by 1973 c.836 §358]
- Section 135.215 - Direction to sheriff; detention of defendant.
- Section 135.225 - Forwarding of papers by magistrate.
- Section 135.230 - Definitions for ORS 135.230 to 135.290.
- Section 135.235 - Release assistance officer; appointment; duties.
- Section 135.240 - Releasable offenses.
- Section 135.242 - Security release for certain methamphetamine offenses.
- Section 135.245 - Release decision.
- Section 135.246 - Release conditions related to medical use of cannabis.
- Section 135.247 - Order prohibiting contact with victim of sex crime or domestic violence.
- Section 135.250 - General conditions of release agreement.
- Section 135.252 [2016 c.24 §53f; repealed by 2019 c.292 §10]
- Section 135.253 - Waiver of appearance at trial as release condition prohibited.
- Section 135.255 - Release agreement.
- Section 135.260 - Conditional release.
- Section 135.265 - Security release.
- Section 135.270 - Taking of security.
- Section 135.275 - Seizure of security by law enforcement agency.
- Section 135.280 - Arrest warrant; forfeiture.
- Section 135.285 - Modification of release decision.
- Section 135.290 - Punishment by contempt of court.
- Section 135.295 - Application of ORS 135.230 to 135.290 to certain traffic offenses.
- Section 135.305 - Types of answer.
- Section 135.310
- Section 135.315 - Types of pleading.
- Section 135.320
- Section 135.325 - Pleading a judgment.
- Section 135.330
- Section 135.335 - Pleading by defendant; conditional pleas.
- Section 135.340
- Section 135.345 - Legal effect of plea of no contest.
- Section 135.350
- Section 135.355 - Presentation of plea; entry in register; forms.
- Section 135.360 - Special provisions relating to presentation of plea of guilty or no contest.
- Section 135.365 - Withdrawal of plea of guilty or no contest.
- Section 135.370 - Not guilty plea as denial of allegations of accusatory instrument.
- Section 135.375 - Pleading to offenses in other counties.
- Section 135.380 - Time of entering plea; aid of counsel.
- Section 135.385 - Defendant to be advised by court; inquiry into immigration status prohibited.
- Section 135.390 - Determining voluntariness of plea; nature of plea agreement.
- Section 135.395 - Determining accuracy of plea.
- Section 135.405 - Plea discussions and plea agreements.
- Section 135.406 [1997 c.313 §3; repealed by 2009 c.178 §35]
- Section 135.407 - Plea agreement must contain defendant’s criminal history classification; stipulations.
- Section 135.410 [Repealed by 1973 c.836 §358]
- Section 135.415 - Criteria to be considered in plea discussions and plea agreements.
- Section 135.418 - Prohibited plea agreement provisions.
- Section 135.420
- Section 135.425 - Responsibilities of defense counsel.
- Section 135.430
- Section 135.432 - Judge involvement in plea discussions; responsibilities of trial judge.
- Section 135.435 - Discussion and agreement not admissible.
- Section 135.440 [Repealed by 1973 c.836 §358]
- Section 135.445 - Withdrawn plea or statement not admissible.
- Section 135.450
- Section 135.455 - Notice prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice.
- Section 135.460 [Repealed by 1973 c.836 §358]
- Section 135.465 - Defect in accusatory instrument as affecting acquittal on merits.
- Section 135.470 - Motion to dismiss accusatory instrument on grounds of former jeopardy.
- Section 135.510 - Grounds for motion to set aside the indictment.
- Section 135.520 - Time of making motion; hearing.
- Section 135.530 - Effect of allowance of motion.
- Section 135.540 - Effect of resubmission of case.
- Section 135.550 [Repealed by 1973 c.836 §358]
- Section 135.560 - Order to set aside is no bar to future prosecution.
- Section 135.610 - Demurrer; generally.
- Section 135.620 [Repealed by 1973 c.836 §358]
- Section 135.630 - Grounds of demurrer.
- Section 135.640 - When objections that are grounds for demurrer may be taken.
- Section 135.650 - Hearing of objections specified by demurrer.
- Section 135.660 - Judgment on demurrer; entry in register.
- Section 135.670 - Allowance of demurrer.
- Section 135.680 - Procedure if resubmission of case not allowed.
- Section 135.690 - Resubmission of case.
- Section 135.700 - Disallowance of demurrer.
- Section 135.703 - Crimes subject to being compromised; exceptions.
- Section 135.705 - Satisfaction of injured person; dismissal of charges.
- Section 135.707 - Discharge as bar to prosecution.
- Section 135.709 - Exclusiveness of procedure.
- Section 135.711 - Facts constituting crime or subcategory of crime required.
- Section 135.713 - Necessity of stating presumptions of law and matters judicially noticed.
- Section 135.715 - Effect of nonprejudicial defects in form of accusatory instrument.
- Section 135.717 - Time of crime.
- Section 135.720 - Place of crime in certain cases.
- Section 135.725 - Person injured or intended to be injured.
- Section 135.727 - Description of animal.
- Section 135.730 - Judgments; facts conferring jurisdiction.
- Section 135.733 - Defamation.
- Section 135.735 - Forgery; misdescription of forged instrument.
- Section 135.737 - Perjury.
- Section 135.740 - Construction of words and phrases used.
- Section 135.743 - Fictitious or erroneous name; insertion of true name.
- Section 135.745 - Delay in finding an indictment or filing an information.
- Section 135.746 - Time period within which trial must commence.
- Section 135.747 [Formerly 134.120; repealed by 2013 c.431 §1]
- Section 135.748 - Periods of time excluded from time limits.
- Section 135.750 - Where there is reason for delay.
- Section 135.752 - When trial not commenced within time limit.
- Section 135.753 - Effect of dismissal.
- Section 135.755 - Dismissal on motion of court or district attorney.
- Section 135.757 - Nolle prosequi; discontinuance by district attorney.
- Section 135.760 - Notice requesting early trial on pending charge.
- Section 135.763 - Trial within 90 days of notice unless continuance granted.
- Section 135.765 - Dismissal of criminal proceeding not brought to trial within allowed time; exceptions.
- Section 135.767 - Presence of prisoner at proceedings.
- Section 135.770 - Release of prisoner prohibited.
- Section 135.773 - District attorney to furnish certain documents.
- Section 135.775 - Agreement on Detainers.
- Section 135.777 - Definition for ORS 135.775.
- Section 135.779 - Enforcement of ORS 135.775 by public agencies.
- Section 135.783 - Effect of escape from custody in another state.
- Section 135.785 - Surrender of custody under ORS 135.775.
- Section 135.787 - Administrator of agreement; appointment; duties.
- Section 135.789 - Notice of request for temporary custody; prisoner’s rights.
- Section 135.791 - Request for final disposition of detainer from prisoner in another state.
- Section 135.793 - Procedure where untried instrument pending against prisoner in another state.
- Section 135.805 - Applicability; scope of disclosure.
- Section 135.810 [Repealed by 1973 c.836 §358]
- Section 135.815 - Disclosure to defendant.
- Section 135.820 [Repealed by 1973 c.836 §358]
- Section 135.825 - Other disclosure to defense; special conditions.
- Section 135.830
- Section 135.835 - Disclosure to the state.
- Section 135.840
- Section 135.845 - Time of disclosure.
- Section 135.850
- Section 135.855 - Material and information not subject to discovery.
- Section 135.857 - Disclosure to victim; conditions.
- Section 135.860
- Section 135.865 - Effect of failure to comply with discovery requirements.
- Section 135.870 [Amended by 1971 c.743 §321; repealed by 1973 c.836 §358]
- Section 135.873 - Protective orders.
- Section 135.875
- Section 135.880
- Section 135.881 - Definitions for ORS 135.881 to 135.901.
- Section 135.886 - Requirements for diversion; factors considered.
- Section 135.890 [Repealed by 1973 c.836 §358]
- Section 135.891 - Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee.
- Section 135.893 - Diversion conditions related to medical use of cannabis.
- Section 135.896 - Stay of criminal proceedings during period of agreement; limitation on stay; extension of stay.
- Section 135.898 - Diversion agreement involving servicemember charged with domestic violence.
- Section 135.900 [Repealed by 1973 c.836 §358]
- Section 135.901 - Effect of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program.
- Section 135.905 [1987 c.905 §10; 1999 c.59 §27; repealed by 2012 c.81 §7]
- Section 135.907 [1989 c.1075 §5; repealed by 2017 c.21 §126]
- Section 135.909 [1989 c.1075 §6; 1993 c.13 §2; repealed by 2017 c.21 §126]
- Section 135.911 [1989 c.1075 §7; repealed by 2017 c.21 §126]
- Section 135.913 [1989 c.1075 §8; repealed by 2017 c.21 §126]
- Section 135.915 [1989 c.1075 §9; repealed by 2017 c.21 §126]
- Section 135.917 [1989 c.1075 §11; 2009 c.595 §93; repealed by 2017 c.21 §126]
- Section 135.919 [1989 c.1075 §10; 2015 c.258 §2; repealed by 2017 c.21 §126]
- Section 135.921 [1989 c.1075 §12; 1991 c.460 §19; 1991 c.818 §4; 1993 c.13 §3; 2003 c.737 §§62,63; 2005 c.702 §§73,74,75; 2007 c.71 §34; 2011 c.595 §165; repealed by 2017 c.21 §126]
- Section 135.925 - Bad check diversion program; fees.
- Section 135.930 [1983 c.487 §1; 1987 c.320 §22; repealed by 1987 c.908 §4]
- Section 135.935 [1983 c.487 §2; 1987 c.320 §23; repealed by 1987 c.908 §4]
- Section 135.940 [1983 c.487 §3; 1987 c.320 §24; repealed by 1987 c.908 §4]
- Section 135.941 - Early disposition programs.
- Section 135.942 - Purposes of program.
- Section 135.943 - Provisions of program.
- Section 135.945 [1983 c.487 §4; 1987 c.320 §25; repealed by 1987 c.908 §4]
- Section 135.946 [2001 c.635 §9; repealed by 2005 c.308 §1]
- Section 135.948 - Availability to probationers.
- Section 135.949 - Other programs authorized.
- Section 135.950 [1983 c.487 §5; repealed by 1987 c.908 §4]
- Section 135.951 - Authorization; determining when appropriate; exclusions.
- Section 135.953 - How mediation may be used.
- Section 135.955 - Notifying victims and person charged with crime of mediation opportunities.
- Section 135.957 - Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties.
- Section 135.959 - Authority to contract with dispute resolution programs.
- Section 135.970 - Information required when victim contacted by defense; deposition of victim; when contact with victim prohibited; effect of threats by defendant.
- Section 135.973 - Medication use by specialty court entrant.
- Section 135.975 [1987 c.475 §2; repealed by 1989 c.790 §74]
- Section 135.980 - Rehabilitative programs directory; compilation; availability.
- Section 135.983 - Court inquiry into defendant’s immigration status prohibited.
- Section 135.985 - Procedure when defendant is servicemember.
Note: 135.746, 135.748 and 135.752 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.
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