(1) When the defendant is arraigned, the defendant shall be informed that:
(a) If the name by which the defendant is charged in the accusatory instrument is not the true name of the defendant the defendant must then declare the true name; and
(b) If the defendant does not declare the true name as required by paragraph (a) of this subsection, the defendant is ineligible for any form of release other than a security release under ORS 135.265.
(2) The defendant or the attorney for the defendant may acknowledge the true name of the defendant at arraignment and the acknowledgment may not be used against the defendant at trial on the underlying charge or any other criminal charge or fugitive complaint except that:
(a) The use of different names can be used in determining the defendant’s release status if the defendant has used different names in different proceedings; and
(b) A defendant who intentionally falsifies the defendant’s name under this section or ORS 135.065 while under oath or affirmation is subject to prosecution under ORS 162.065.
(3) As used in this section and ORS 135.065, “true name” means:
(a) The name on the defendant’s birth certificate;
(b) The defendant’s birth name; or
(c) If the defendant’s name has been changed by court order or by operation of law, the name as changed by court order or operation of law. [Formerly 135.340; 2003 c.645 §4]
Section: Previous 135.035 135.037 135.040 135.045 135.050 135.053 135.055 135.060 135.065 135.067 135.070 135.073 135.075 135.080 135.085 NextLast modified: August 7, 2008