Oregon Statutes 147.510 – Critical stage of criminal proceeding; notice to court
(1) This section does not apply:
Terms Used In Oregon Statutes 147.510
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
(a) In a juvenile delinquency proceeding; or
(b) In a criminal case in which no person has been determined to be the victim of the crime.
(2) At the beginning of each critical stage of the proceeding:
(a) The prosecuting attorney shall inform the court whether the victim is present.
(b) If the victim is not present, the prosecuting attorney shall inform the court, based on the prosecuting attorney’s knowledge, whether the victim requested advance notice of any critical stage of the proceeding and, if so, whether the victim:
(A) Was notified of the date, time and place of the proceeding;
(B) Was informed of the victim’s rights implicated in the proceeding; and
(C) Indicated an intention to attend the proceeding or requested that the prosecuting attorney assert a particular right associated with the proceeding and, if the victim made such a request, whether the prosecuting attorney agreed to do so.
(3) Subsection (2) of this section does not apply in any criminal proceeding in which the prosecuting attorney provides the court with the notice described in subsection (4) of this section.
(4) In all felony cases, no later than 21 days after the defendant is arraigned on an indictment, waives indictment or is held to answer following a preliminary hearing, the prosecuting attorney shall provide the court with a notice of compliance with victims’ rights on a form prescribed by the Chief Justice of the Supreme Court or on a substantially similar form that indicates whether:
(a) The prosecuting attorney, a person known to the prosecuting attorney or a member of the prosecuting attorney’s staff made reasonable efforts to inform the victim of the rights granted to the victim by sections 42 (1)(a) to (f) and 43, Article I of the Oregon Constitution;
(b) The charging instrument includes the name or pseudonym of each victim known to the prosecuting attorney. If the charging instrument does not include the name or pseudonym of each victim known to the prosecuting attorney, the prosecuting attorney shall identify any victim not included in the charging instrument, unless it would be impractical to do so;
(c) The victim requested that the prosecuting attorney assert and enforce a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution, and whether the prosecuting attorney agreed to do so; and
(d) The victim requested to be informed in advance of any critical stage of the proceeding.
(5) If the victim is present at a critical stage of the proceeding, the prosecuting attorney shall inquire of the victim whether the victim intends to assert a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution, and shall report the results of that inquiry to the court. The court may ask the victim for information about any aspect of the rights granted to the victim by sections 42 and 43, Article I of the Oregon Constitution.
(6)(a) Information provided to the court under subsection (2) or (4) of this section may be based on information obtained from a law enforcement agency, a member of the prosecuting attorney’s staff, the prosecuting attorney’s file or an electronic data system or other record keeping system regularly maintained by the office of the prosecuting attorney.
(b) If the prosecuting attorney discovers that information provided to the court under subsection (2) or (4) of this section is no longer accurate, the prosecuting attorney shall orally provide the court with updated information prior to or during the critical stage of the proceeding that immediately follows the discovery. [2009 c.178 § 3]
See note under 147.500.