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Section 131.005 – General definitions.

May 14, 2021 | Criminal Procedure, Oregon

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 instrument” means a grand jury indictment, an information or a complaint.
(2) “Bench warrant” means a process of a court in which a criminal action is pending, directing a peace officer to take into custody a defendant in the action who has previously appeared before the court upon the accusatory instrument by which the action was commenced, and to bring the defendant before the court. The function of a bench warrant is to achieve the court appearance of a defendant in a criminal action for some purpose other than the initial arraignment of the defendant in the action.
(3) “Complaint” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense, other than an offense punishable as a felony. A complaint serves both to commence an action and as a basis for prosecution thereof.
(4) “Complainant’s information” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense punishable as a felony. A complainant’s information serves to commence an action, but not as a basis for prosecution thereof.
(5) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order. “Correctional facility” does not include a youth correction facility as defined in ORS 162.135 and applies to a state hospital only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 to 161.370.
(6) “Criminal action” means an action at law by means of which a person is accused of the commission of a violation, misdemeanor or felony.
(7) “Criminal proceeding” means any proceeding which constitutes a part of a criminal action or occurs in court in connection with a prospective, pending or completed criminal action.
(8) “District attorney,” in addition to its ordinary meaning, includes a city attorney as prosecuting officer in the case of municipal ordinance offenses, a county counsel as prosecuting officer under a county charter in the case of county ordinance offenses, and the Attorney General in those criminal actions or proceedings within the jurisdiction of the Attorney General.
(9) “District attorney’s information” means a written accusation by a district attorney and:

(a) If filed with a magistrate to charge a person with the commission of an offense, other than an offense punishable as a felony, serves both to commence an action and as a basis for prosecution thereof; or
(b) If filed with a magistrate to charge a person with the commission of an offense punishable as a felony, serves to commence an action, but not as a basis for prosecution thereof; or
(c) If, as is otherwise authorized by law, filed in circuit court to charge a person with the commission of an offense, serves as a basis for prosecution thereof.
(10) “Information” means a district attorney’s information or a complainant’s information.
(11) “Probable cause” means that there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it.
(12) “Trial court” means a court which by law has jurisdiction over an offense charged in an accusatory instrument and has authority to accept a plea thereto, or try, hear or otherwise dispose of a criminal action based on the accusatory instrument.
(13) “Ultimate trial jurisdiction” means the jurisdiction of a court over a criminal action or proceeding at the highest trial level.
(14) “Warrant of arrest” means a process of a court, directing a peace officer to arrest a defendant and to bring the defendant before the court for the purpose of arraignment upon an accusatory instrument filed therewith by which a criminal action against the defendant has been commenced.

ORS 131.005

Amended by 2017 Ch. 634,ยง 1, eff. 1/1/2018.