Oregon Statutes 147.500 – Definitions
As used in ORS § 147.500 to 147.550:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 147.500
- Allegation: something that someone says happened.
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) ‘Authorized prosecuting attorney’ means a prosecuting attorney who, at the request of a victim, has agreed to assert and enforce a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution.
(2) ‘Claim’ means the allegation and proposed remedy described in ORS § 147.515 (1).
(3) ‘Crime’ includes an act committed by a person who is under 18 years of age that, if committed by an adult, would constitute a misdemeanor or felony.
(4) ‘Criminal proceeding’ means an action at law in which a person is alleged, or has been adjudicated, to have committed a crime for which there is a victim and that is conducted in the trial court before or after sentencing or disposition.
(5) ‘Critical stage of the proceeding’ means:
(a) Release hearings or hearings to modify the conditions of release, except hearings concerning release decisions at arraignment;
(b) Preliminary hearings;
(c) Hearings related to the rescheduling of trial;
(d) Hearings on motions or petitions:
(A) Conducted pursuant to ORS § 40.210 or 135.139;
(B) To amend, dismiss or set aside a charge, conviction, order or judgment; or
(C) To suppress or exclude evidence;
(e) Entry of guilty or no contest pleas;
(f) Trial;
(g) Restitution hearings;
(h) Sentencing;
(i) Probation violation or revocation hearings if the crime of conviction is a felony or person Class A misdemeanor and the victim has requested notice of the hearing from the prosecuting attorney or the supervisory authority as defined in ORS § 144.087;
(j) Hearings for relief from the requirement to report as a sex offender or for the reclassification of a sex offender;
(k) Hearings related to a deferred sentencing agreement;
(L) Hearings designated as a critical stage of the proceeding in ORS § 419C.273; and
(m) Any other stage of a criminal proceeding the court determines is a critical stage of the proceeding for purposes of section 42, Article I of the Oregon Constitution.
(6) ‘Defendant’ includes a person under 18 years of age alleged to be within the jurisdiction of the juvenile court under ORS Chapter 419C.
(7) ‘Plea hearing’ means a hearing in which a defendant enters a plea of guilty or no contest.
(8) ‘Plea of guilty or no contest’ includes:
(a) An admission by a person under 18 years of age that the person is within the jurisdiction of the juvenile court; and
(b) If a juvenile court petition has been filed, entering into a formal accountability agreement under ORS § 419C.230 or entering an authorized diversion program under ORS § 419C.225.
(9) ‘Prosecuting attorney’ means a district attorney as defined in ORS § 131.005. In a criminal proceeding conducted in the juvenile court, ‘prosecuting attorney’ includes the juvenile department.
(10) ‘Reasonable efforts to inform the victim’ includes, but is not limited to, providing information orally, in writing, electronically or by mail to the victim’s last known address.
(11) ‘Sentencing hearing’ includes the dispositional phase of a juvenile delinquency proceeding under ORS Chapter 419C.
(12) ‘Trial court’ includes the juvenile court.
(13) ‘Victim’ means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of the crime alleged in the criminal proceeding and, in the case of a victim who is a minor, the legal guardian of the minor.
(14) ‘Violent felony’ means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense. [2009 c.178 § 1; 2013 c.708 § 15a]
147.500 to 147.550 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.