ORS Chapter 156

TITLE 15

PROCEDURE INCRIMINAL ACTIONS IN JUSTICE COURTS

 

Chapter     156.     Proceedingsand Judgment in Criminal Actions

                  157.     Appealsin Criminal Actions; Writ of Review

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Chapter 156 — Proceedingsand Judgment in Criminal Actions

 

2009 EDITION

 

 

PROCEEDINGSAND JUDGMENT IN CRIMINAL ACTIONS

 

CRIMINALACTIONS IN JUSTICE COURTS

 

JUSTICECOURTS; GENERAL PROVISIONS AND PROCEEDINGS PRIOR TO JUDGMENT THEREIN

 

156.010     Criminalprocedure statutes govern generally

 

156.020     Filingcomplaint as commencement of action

 

156.030     Formand sufficiency of complaint

 

156.040     Securityfor costs

 

156.050     Warrantof arrest; authority

 

156.060     Issuance,requisites and execution of warrant of arrest

 

156.070     Readingcomplaint to defendant; defendant to plead

 

156.080     Defendant’splea; refusal to plead

 

156.090     Actionto be tried within one day unless continued

 

156.100     Changeof place of trial

 

156.110     Trialby court or jury

 

156.120     Injuredperson must appear or be subpoenaed

 

156.130     Demandfor and selection of jury

 

156.140     Renditionand entry of verdict on docket

 

156.160     Jurytrial without prepayment of trial fee; payment after judgment

 

JUDGMENTAND EXECUTION IN JUSTICE COURTS

 

156.210     Judgmenton plea of guilty, no contest or on conviction

 

156.220     Judgmentimposing monetary obligation; requirements

 

156.230     Moneyjudgments; enforcement

 

156.240     Judgmententry or certified copy as evidence

 

156.270     Dischargeof defendant upon finding the defendant not guilty

 

156.280     Entrythat prosecution was malicious or without probable cause

 

156.290     Judgmentagainst complainant for costs and disbursements

 

156.300     Enforcementof judgment against complainant

 

156.310     Paymentof fine and costs by defendant

 

156.315     Assignmentof judgment to Department of Revenue

 

RELEASEOR COMMITMENT

 

156.410     Releaseof defendant before trial

 

156.440     Commitmentof defendant

 

156.450     Formof commitment

 

156.460     Howcommitment is executed

 

MISCELLANEOUSPROVISIONS RELATING TO JUSTICE COURTS

 

156.510     Proceedingwhen crime is not within jurisdiction of justice court

 

156.520     Functionof district attorney in justice court

 

156.530     Dispositionof money paid on judgment

 

CONCURRENTJURISDICTION

 

156.705     Jurisdictionover offenses against animals

 

JUSTICECOURTS; GENERAL PROVISIONS AND PROCEEDINGS PRIOR TO JUDGMENT THEREIN

 

      156.010Criminal procedure statutes govern generally. A criminalaction in a justice court is commenced and proceeded in to final determination,and the judgment therein enforced, in the manner provided in the criminalprocedure statutes, except as otherwise specifically provided by statute. [Amendedby 1973 c.836 §329]

 

      156.020Filing complaint as commencement of action. In a justice court, a criminalaction is commenced by the filing of the complaint therein, verified by theoath of the person commencing the action, who is thereafter known as thecomplainant. [Amended by 1959 c.426 §4]

 

      156.030Form and sufficiency of complaint. The form of the complaint and thesufficiency thereof shall be as provided in ORS 133.007 and 133.015. [Amendedby 1973 c.836 §330]

 

      156.040Security for costs.Before filing or receiving the complaint in a criminal action, the justice mayrequire the complainant to give security for costs and disbursements in theamount authorized in civil actions; and not otherwise. [Amended by 1959 c.426 §5]

 

      156.050Warrant of arrest; authority. The authority of a justice of the peaceto issue a warrant of arrest shall be as provided in ORS 133.110. [Amended by1969 c.244 §4; 1983 c.661 §13; 1999 c.1051 §131]

 

      156.060Issuance, requisites and execution of warrant of arrest. A warrant ofarrest in a criminal action in a justice court is issued, directed and executedin all respects as the warrant mentioned in ORS 133.140. [Amended by 1977 c.746§12]

 

      156.070Reading complaint to defendant; defendant to plead. When thedefendant is brought before the justice, the complaint shall be read to thedefendant and the defendant shall plead thereto.

 

      156.080Defendant’s plea; refusal to plead. The defendant may plead the same pleasas upon an indictment. The plea shall be oral and entered in the docket. If thedefendant refuses to plead, the justice shall enter the fact, together with theplea of not guilty, on behalf of the defendant.

 

      156.090Action to be tried within one day unless continued. When thedefendant is brought before the justice upon the warrant of arrest, the actionshall be tried within one day thereafter, unless continued for cause.

 

      156.100Change of place of trial. Change of place of trial in criminal actions injustice courts is in all manners and respects governed as provided in ORS131.305 to 131.415. [Amended by 1973 c.836 §331]

 

      156.110Trial by court or jury. Upon a plea of not guilty, if the defendant doesnot then demand a trial by jury, the justice shall proceed to try the issue. [Amendedby 1973 c.836 §332]

 

      156.120Injured person must appear or be subpoenaed. No judgment of conviction oracquittal can be given in a criminal action in a justice court unless theperson injured appears or is subpoenaed to attend the trial as a witness.

 

      156.130Demand for and selection of jury. If a trial by jury is demanded, a juryshall be selected and summoned as in a civil action in a justice court. Eachparty may take challenges for cause and two peremptory challenges, except thatwhen the jury is selected in the manner provided in ORS 54.060 to 54.160, as toany juror so selected, neither party may take a peremptory challenge.

 

      156.140Rendition and entry of verdict on docket. When the jury has agreed upon averdict, it shall deliver the same to the justice publicly, who shall enter itin the docket of the justice.

 

      156.150 [Repealed by1979 c.447 §4]

 

      156.160Jury trial without prepayment of trial fee; payment after judgment. In a criminalaction in a justice court, prepayment of the trial fee is not a prerequisite tohaving a jury trial. If a jury trial is demanded and judgment is against thedefendant, the fee shall be allowed and taxed in favor of the state as otherdisbursements in ordinary cases.

 

JUDGMENTAND EXECUTION IN JUSTICE COURTS

 

      156.210Judgment on plea of guilty, no contest or on conviction. When thedefendant pleads guilty, no contest, or is convicted, either by the justice orthe jury, the justice shall give judgment thereon for such punishment as may beprescribed by law for the crime. [Amended by 1973 c.836 §333]

 

      156.220Judgment imposing monetary obligation; requirements. Except asprovided in ORS 18.048 (3) and (4), any judgment rendered by a justice court onan offense that imposes a monetary obligation must contain the separate sectionrequired by ORS 18.048 (1). [1973 c.836 §334; 1999 c.788 §39; 2003 c.576 §97;2005 c.568 §29a]

 

      156.230Money judgments; enforcement. Money judgments rendered by the courtmay be enforced in the manner provided by ORS 52.600. [Amended by 1993 c.223 §5;1999 c.788 §40]

 

      156.240Judgment entry or certified copy as evidence. An entry of judgment or acertified copy of the judgment is conclusive evidence of the facts statedtherein. [Amended by 1999 c.788 §41]

 

      156.250 [1991 c.67 §32;repealed by 1999 c.788 §42]

 

      156.260 [Repealed by1999 c.788 §42]

 

      156.270Discharge of defendant upon finding the defendant not guilty. When thedefendant is found not guilty by the justice or a jury, the defendant shall beimmediately discharged.

 

      156.280Entry that prosecution was malicious or without probable cause. When thedefendant is found not guilty, if it appears that the prosecution was maliciousor without probable cause, the justice shall make an entry to that effect inthe docket of the justice.

 

      156.290Judgment against complainant for costs and disbursements. Upon making theentry prescribed in ORS 156.280, the justice shall give judgment against thecomplainant for the costs and disbursements of the action and require thecomplainant to pay the same or give satisfactory security therefor, by awritten undertaking with one or more sureties, to pay the same to the justicewithin 30 days from the date of the judgment. [Amended by 1959 c.426 §6]

 

      156.300Enforcement of judgment against complainant. If the complainant does not paythe judgment, or give the required security therefor, it may be enforcedagainst the complainant in all respects as a judgment for a fine in a criminalaction; but if the complainant gives the required security, the judgment may beenforced at the expiration of the 30 days against the complainant and thesureties of the complainant in the undertaking in all respects as a judgmentfor money in a civil action. [Amended by 1959 c.426 §7]

 

      156.310Payment of fine and costs by defendant. If the fine and costs, or any partthereof, are paid before commitment, they shall be paid to the justice.Thereafter they shall be paid to the officer in whose custody the defendant isat the time of the payment, which officer shall immediately pay the same to thejustice.

 

      156.315Assignment of judgment to Department of Revenue. (1) A justicecourt may assign a judgment in a criminal action, as described in ORS 137.118(1) to (5), to the Collections Unit in the Department of Revenue for thefollowing purposes:

      (a)To determine whether refunds or other sums are owed to the debtor by thedepartment; and

      (b)To deduct the amount of the debt from any refunds or other sums owed to thedebtor by the department.

      (2)If the Collections Unit determines that refunds or other sums are owed to thedebtor, the department shall deduct the amount of the debt from any refunds orother sums owed to the debtor by the department. After also deducting costs ofits actions under this section, the department shall remit the amount deductedfrom refunds or other sums owed to the debtor to the justice court thatassigned the judgment.

      (3)A debtor whose account is assigned to the Department of Revenue for setoffunder this section is entitled to the notice required by ORS 293.250 (3)(d) andto the opportunity for payment in ORS 293.250 (3)(c). [2003 c.375 §2]

 

      156.320 [1971 c.423 §3;repealed by 1973 c.836 §358]

 

RELEASEOR COMMITMENT

 

      156.410Release of defendant before trial. At any time before the commencement ofthe trial, the justice shall release the defendant under the procedures setforth in ORS 135.230 to 135.290. [Amended by 1973 c.836 §335]

 

      156.420 [Repealed by1973 c.836 §358]

 

      156.430 [Repealed by1973 c.836 §358]

 

      156.440Commitment of defendant. If the defendant is not released from custody asprovided in ORS 135.230 to 135.290 when brought before the justice upon thewarrant of arrest, the defendant shall be continued in the custody of theofficer or, if the court is held in the vicinity of the county jail, committedto jail, to answer the action, as the justice may direct. [Amended by 1973c.836 §336]

 

      156.450Form of commitment.The commitment shall be signed by the justice with the name of office of thejustice and may be substantially as follows:

______________________________________________________________________________

JUSTICECOURT FOR

THEDISTRICT OF ______

 

Stateof Oregon, County of ______

INTHE NAME OF

THESTATE OF OREGON

 

Tothe sheriff of the county aforesaid:

      Anorder having this day been made by me that A. B. be committed for trial in acriminal action against A. B. for the crime of (designating it generally), youhereby are commanded to receive A. B. into your custody and detain A. B.accordingly or until A. B. is otherwise legally discharged.

 

      Datedat______, this ___ day of______, 2__.

 

C.D., Justice of the Peace

______________________________________________________________________________

 

      156.460How commitment is executed. When committed, the defendant shall be delivered tothe custody of the proper officer by any peace officer to whom the justice maydeliver the commitment, first indorsing thereon, substantially, as follows: “Ihereby authorize and command E. F. to deliver this commitment, together with thedefendant therein named, to the custody of the sheriff of the County of______.”

 

MISCELLANEOUSPROVISIONS RELATING TO JUSTICE COURTS

 

      156.510Proceeding when crime is not within jurisdiction of justice court.If in the course of the trial it appears to the justice that the defendant hascommitted a crime not within the jurisdiction of a justice court, the justiceshall dismiss the action, state in the entry the reasons therefor, hold thedefendant upon the warrant of arrest and proceed to examine the charge as uponan information of the commission of crime.

 

      156.520Function of district attorney in justice court. The districtattorney may prosecute an action and if requested by the court shall prosecutean action in a justice court and attend an examination before a magistrate,either in person or by someone appointed by the district attorney for thatpurpose, and in any case the district attorney shall control the proceedings onbehalf of the state. [Amended by 1981 c.863 §1]

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