Oregon Statutes - Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention

• 131.005   General definitions.
  As used in sections 1 to 311, chapter 836, Oregon Laws 1973, except as otherwise specifically provided or unless the context requires otherwise: (1) “Accusatory...
• 131.007   “Victim” defined.
  As used in ORS 40.385, 135.230, 135.406, 135.970, 147.417, 147.419 and 147.421 and in ORS chapters 136, 137 and 144, except as otherwise specifically provided...
• 131.010   [Repealed by 1973 c.836 §358]
• 131.015   Application to prior and subsequent actions.
  (1) The provisions of chapter 836, Oregon Laws 1973, apply to: (a) All criminal actions and proceedings commenced upon or after January 1, 1974, and...
• 131.020   [Repealed by 1973 c.836 §358]
• 131.025   Parties in criminal action.
  Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is...
• 131.030   [Repealed by 1973 c.836 §358]
• 131.035   When departures, errors or mistakes in pleadings or proceedings are material.
  No departure from the form or mode prescribed by law, error or mistake in any criminal pleading, action or proceeding renders it invalid, unless it...
• 131.040   When law enforcement officer may communicate with person represented by counsel.
  A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who...
• 131.045   Appearances by simultaneous electronic transmission.
  (1) As used in this section: (a) “Criminal proceeding” has the meaning given that term in ORS 131.005. (b) “Parties” means the State of Oregon...
• 131.105   Timeliness of criminal actions.
  A criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155. [1973 c.836 §5]
• 131.110   [Amended by 1971 c.743 §315a; repealed by 1973 c.836 §358]
• 131.120   [Repealed by 1973 c.836 §358]
• 131.125   Time limitations.
  (1) A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of...
• 131.130   [Repealed by 1973 c.836 §358]
• 131.135   When prosecution commenced.
  A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay. [1973...
• 131.145   When time starts to run; tolling of statute.
  (1) For the purposes of ORS 131.125, time starts to run on the day after the offense is committed. (2) Except as provided in ORS...
• 131.155   Tolling of statute; three-year maximum.
  Notwithstanding ORS 131.145, in no case shall the period of limitation otherwise applicable be extended by more than three years. [1973 c.836 §9] JURISDICTION
• 131.205   Definition for ORS 131.205 to 131.235.
  As used in ORS 131.205 to 131.235, “this state” means the land and water and the air space above the land and water with respect...
• 131.210   [Repealed by 1973 c.836 §358]
• 131.215   Jurisdiction.
  Except as otherwise provided in ORS 131.205 to 131.235, a person is subject to prosecution under the laws of this state for an offense that...
• 131.220   [Repealed by 1973 c.836 §358]
• 131.225   Exceptions.
  (1) Unless in the statute defining the offense a legislative intent clearly appears to declare the conduct criminal, regardless of the place of the result,...
• 131.230   [Repealed by 1973 c.836 §358]
• 131.235   Criminal homicide.
  (1) If the offense committed is criminal homicide, either the death of the victim or the conduct causing death constitutes a “result” within the meaning...
• 131.240   [Repealed by 1973 c.836 §358]
• 131.250   [1971 c.743 §291; repealed by 1973 c.836 §358]
• 131.305   Place of trial.
  (1) Except as otherwise provided in ORS 131.305 to 131.415, criminal actions shall be commenced and tried in the county in which the conduct that...
• 131.310   [Repealed by 1973 c.836 §358]
• 131.315   Special provisions.
  (1) If conduct constituting elements of an offense or results constituting elements of an offense occur in two or more counties, trial of the offense...
• 131.320   [Repealed by 1973 c.836 §358]
• 131.325   Place of trial; doubt as to place of crime; conduct outside of state.
  If an offense is committed within the state and it cannot readily be determined within which county the commission took place, or a statute that...
• 131.330   [Repealed by 1973 c.836 §358]
• 131.335   Change of venue.
  In accordance with ORS 131.345 to 131.415, the defendant in a criminal action may have the place of trial changed only once, except for causes...
• 131.340   [Repealed by 1973 c.836 §358]
• 131.345   Motion for change of venue; when made.
  A motion for change of venue may be made in any criminal action in a circuit court when the case is at issue upon a...
• 131.350   [Amended by 1971 c.743 §316; repealed by 1973 c.836 §358]
• 131.355   Change of venue for prejudice.
  The court, upon motion of the defendant, shall order the place of trial to be changed to another county if the court is satisfied that...
• 131.360   [Amended by 1973 c.743 §317; repealed by 1973 c.836 §358]
• 131.363   Change of venue in other cases.
  For the convenience of parties and witnesses, and in the interest of justice, the court, upon motion of the defendant, may order the place of...
• 131.365   [1959 c.664 §5; repealed by 1973 c.836 §358]
• 131.370   [Repealed by 1973 c.836 §358]
• 131.375   Transmission of transcript on change of venue.
  When the court has ordered a change of venue, the clerk shall forthwith make and retain authenticated copies of the original papers filed in the...
• 131.380   [Repealed by 1973 c.836 §358]
• 131.385   Filing of transmitted transcript and papers.
  The change of the place of trial is complete when the transcript and papers are filed with the clerk of the court to which the...
• 131.390   [Amended by 1971 c.746 §318; repealed by 1973 c.836 §358]
• 131.395   Expenses of change; taxation as costs.
  (1) The expenses of the change of place of trial under ORS 131.363 shall be taxed, as allowed by law, as expenses of the action,...
• 131.400   [Repealed by 1973 c.836 §358]
• 131.405   Attendance of defendant at new place of trial.
  (1) When the court has ordered a change of place of trial, if the defendant has been released on security release, conditional release or recognizance,...
• 131.410   [Repealed by 1973 c.836 §358]
• 131.415   Conveyance of defendant in custody after change of venue.
  When the court has ordered a change of place of trial, if the defendant is in custody, the clerk of the court shall issue an...
• 131.420   [Amended by 1961 c.442 §1; repealed by 1973 c.836 §358]
• 131.430   [Repealed by 1973 c.836 §358]
• 131.440   [Repealed by 1973 c.836 §358]
• 131.450   [Repealed by 1973 c.836 §358]
• 131.460   [Repealed by 1973 c.836 §358]
• 131.470   [Repealed by 1973 c.836 §358]
• 131.505   Definitions for ORS 131.505 to 131.525.
  As used in ORS 131.505 to 131.525, unless the context requires otherwise: (1) “Conduct” and “offense” have the meaning provided for those terms in ORS...
• 131.515   Previous prosecution; when a bar to second prosecution.
  Except as provided in ORS 131.525 and 131.535: (1) No person shall be prosecuted twice for the same offense. (2) No person shall be separately...
• 131.525   Previous prosecution; when not a bar to subsequent prosecution.
  (1) A previous prosecution is not a bar to a subsequent prosecution when the previous prosecution was properly terminated under any of the following circumstances:...
• 131.535   Proceedings not constituting acquittal.
  The following proceedings will not constitute an acquittal of the same offense: (1) If the defendant was formerly acquitted on the ground of a variance...
• 131.550   Definitions for ORS 131.550 to 131.600.
  As used in ORS 131.550 to 131.600: (1) “Acquiesce in prohibited conduct” means that a person knew of the prohibited conduct and knowingly failed to...
• 131.553   Legislative findings; effect on local laws; remedy not exclusive.
  (1) The Legislative Assembly finds that: (a) Prohibited conduct is undertaken in the course of activities that result in, and are facilitated by, the acquisition,...
• 131.556   Right, title and interest in forfeited property vests in seizing agency.
  Subject to ORS 131.550 to 131.600, all right, title and interest in property forfeited under ORS 131.550 to 131.600 vest in the seizing agency upon...
• 131.558   Property subject to forfeiture.
  The following are subject to criminal forfeiture: (1) All controlled substances that have been manufactured, distributed, dispensed, possessed or acquired in the course of prohibited...
• 131.561   Seizure of property subject to forfeiture.
  (1) A person who delivers property in obedience to an order or direction to deliver the property under this section is not liable: (a) To...
• 131.564   Status of seized property; release; maintenance and use.
  (1)(a) Except as otherwise provided in ORS 131.550 to 131.600, property seized for criminal forfeiture is not subject to replevin, conveyance, sequestration or attachment. The...
• 131.567   Recorded notice of intent to forfeit real property; form.
  (1) Whenever a seizing agency intends to forfeit any real property under ORS 131.550 to 131.600, the seizing agency may have recorded by the county...
• 131.570   Notice of seizure for forfeiture; service on persons other than defendant; publication of notice.
  (1) As soon as practicable after seizure for criminal forfeiture, the seizing agency shall review the inventory prepared by the police officer under ORS 131.561....
• 131.573   Petition for expedited hearing.
  (1) A person, other than the defendant, claiming an interest in property seized under ORS 131.550 to 131.600 may file a petition for an expedited...
• 131.576   Order restoring custody of property after expedited hearing.
  (1) An order restoring custody to a petitioner under ORS 131.573 shall: (a) Prohibit the petitioner from using the property in unlawful conduct of any...
• 131.579   Affidavit in response to notice of seizure for forfeiture.
  (1)(a) A financial institution holding an interest in property seized under ORS 131.550 to 131.600 shall respond to a notice of seizure for criminal forfeiture...
• 131.582   Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants.
  (1) If a district attorney decides to proceed with a criminal forfeiture, the district attorney must present the criminal forfeiture to the grand jury for...
• 131.585   Extent of judgment.
  (1) The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that...
• 131.588   Judgment of forfeiture; contents; effect.
  (1) If no financial institution has filed the affidavit described in ORS 131.579 (1), and if the court has failed to uphold the claim or...
• 131.591   Equitable distribution of property or proceeds; intergovernmental agreements.
  Distribution of property or proceeds in accordance with ORS 131.550 to 131.600 must be made equitably and may be made pursuant to intergovernmental agreement under...
• 131.594   Disposition and distribution of forfeited property when seizing agency not the state.
  (1) After the seizing agency distributes property under ORS 131.588, and when the seizing agency is not the state, the seizing agency shall dispose of...
• 131.597   Disposition and distribution of forfeited property when seizing agency is the state.
  (1) After the seizing agency distributes property under ORS 131.588, and when the seizing agency is the state or when the state is the recipient...
• 131.600   Records and reports.
  (1) A seizing agency and any agency that receives forfeited property or proceeds from the sale of forfeited property under ORS 131.550 to 131.600 shall...
• 131.602   Prohibited conduct for purposes of instrumentalities of crime.
  The crimes to which ORS 131.550 (11)(b) applies are: (1) Bribe giving, as defined in ORS 162.015. (2) Bribe receiving, as defined in ORS 162.025....
• 131.604   Disposition of forfeited cigarettes.
  Notwithstanding ORS 131.594 and 131.597, if property forfeited under ORS 131.550 to 131.600 consists of cigarettes forfeited because of a violation of ORS 180.440 (2),...
• 131.605   Definitions for ORS 131.605 to 131.625.
  As used in ORS 131.605 to 131.625, unless the context requires otherwise: (1) “Crime” has the meaning provided for that term in ORS 161.515. (2)...
• 131.615   Stopping of persons.
  (1) A peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and, after...
• 131.625   Frisk of stopped persons.
  (1) A peace officer may frisk a stopped person for dangerous or deadly weapons if the officer reasonably suspects that the person is armed and...
• 131.655   Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater; probable cause.
  (1) Notwithstanding any other provision of law, a person may be detained in a reasonable manner and for a reasonable time by: (a) A merchant...
• 131.665   Prevention by public officers.
  Crimes may be prevented by the action of public officers in accordance with ORS 131.675, 131.685, 131.705 to 131.735, and as otherwise authorized by law....
• 131.675   Dispersal of unlawful or riotous assemblages.
  When any five or more persons, whether armed or not, are unlawfully or riotously assembled in any county, city, town or village, the sheriff of...
• 131.685   Authority of Governor to enter into agreements with other states for crime prevention purposes.
  The Governor of Oregon may enter into agreements or compacts with the Governor of any or all the States of Washington, Idaho, California and Nevada,...
• 131.705   Definitions for ORS 131.705 to 131.735.
  As used in ORS 131.705 to 131.735, unless the context requires otherwise: (1) “Police” means the municipal police and the county sheriff of the political...
• 131.715   Proclamation of emergency period by Governor.
  After consultation with the public official, or the designate of the public official, and the police, the Governor may proclaim an emergency period if the...
• 131.725   Exclusion from public property.
  (1) During the emergency period proclaimed by the Governor under ORS 131.715, the public official shall order excluded from the public property described in the...
• 131.735   Review of exclusion order.
  Any person ordered removed or excluded from any public property under ORS 131.715 and 131.725 shall have immediate access to the circuit court for the...
• 131.805   Authority to employ special agents.
  The Governor may employ, at such salaries as the Governor deems reasonable for the services rendered, special agents to effect the apprehension and conviction of...
• 131.815   Presentment of facts to circuit court.
  Whenever in the opinion of the Governor the criminal laws of the state are not being faithfully executed and enforced and the circumstances justify the...
• 131.825   Hearing.
  The court, or judge thereof, in conducting such hearing, shall have all the usual powers of the circuit court or judge, including the power to...
• 131.835   Request that judge of another district conduct hearing; traveling expenses.
  When the Governor has made a request for an investigation before the court or judge of the district of the office affected, the court or...
• 131.845   Findings.
  The court or judge shall make such findings as are justified by the facts adduced at the hearing and shall find as to whether or...
• 131.855   Appointment of special officers on finding that laws are not enforced.
  If it is found that the criminal laws of the state are not being faithfully executed and enforced by the officers under investigation, the Governor...
• 131.860   Qualifying of special officers; powers and duties.
  When appointed, special officers shall qualify in the same manner as provided by law for regularly elected officers, shall have all the power and authority...
• 131.865   Compensation of special officers.
  The special officers provided for in ORS 131.855 shall receive a compensation for the time they are appointed equal to that provided for the regularly...
• 131.875   Effect of appointment of special officers on salary of regular officers.
  The regularly elected, qualified and acting officers shall, during any appointment of a special officer, receive the salary provided by law, to the same extent...
• 131.880   Appointment of railroad police officers; liability.
  The Governor, upon application of any railroad company operating in this state, may appoint and commission, during the pleasure of the Governor, persons designated by...
• 131.885   Offer of reward.
  If any person charged with or convicted of any felony within this state breaks prison, escapes, absconds or flees or hides from justice, the county...
• 131.890   Entitlement to reward; use of public money to reward bounty hunter.
  (1) Any person providing information leading to the apprehension of a person for whom a reward has been offered under ORS 131.885 is entitled to...
• 131.892   Offer of reward for information on commission of criminal offense.
  An organization, association or person may offer a reward for information leading to the apprehension and conviction of any person who has committed a criminal...
• 131.895   Procedure for payment.
  The county court or county governing body, on the claim of the applicant for reward under ORS 131.885 to 131.895, shall determine whether the claimant...
• 131.897   Authority to order repayment of reward as part of sentence.
  (1) In addition to any other sentence it may impose as a result of a criminal conviction, the court may order that a defendant reimburse...
• 131.900   Liability for medical expenses for person restrained, detained or taken into custody.
  Except as otherwise provided by ORS 30.260 to 30.300, federal civil rights law or written agreement, the state, a county, a city, a law enforcement...
• 131.905   Legislative findings.
  The Legislative Assembly finds and declares that: (1) Surveys of the trust and confidence placed by Oregonians in state and local law enforcement indicate that...
• 131.906   Law Enforcement Contacts Policy and Data Review Committee; duties; report.
  (1) There is created the Law Enforcement Contacts Policy and Data Review Committee consisting of 11 members appointed by the Governor. (2) The purpose of...
• 131.908   Funding contributions.
  Portland State University may accept contributions of funds from the United States, its agencies, or from any other source, public or private, and agree to...
• 131.909   Moneys received.
  All moneys received by Portland State University under ORS 131.908 shall be paid into the State Treasury and deposited into the General Fund to the...
• 131.910   Measuring progress.
  The Law Enforcement Contacts Policy and Data Review Committee shall assist the Oregon Progress Board in the creation and adoption of goals as provided in...
• 131.990   [Formerly 145.990; repealed by 1987 c.526 §2]

Last modified: August 7, 2008