Oregon Statutes 419C.370 – Waiver of motor vehicle, boating, game, violation and property cases
(1) The juvenile court may enter an order directing that all cases involving:
Terms Used In Oregon Statutes 419C.370
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a) Violation of a law or ordinance relating to the use or operation of a motor vehicle, boating laws or game laws be waived to criminal or municipal court;
(b) An offense classified as a violation other than a Class E violation under the laws of this state or a political subdivision of this state be waived to municipal court if the municipal court has agreed to accept jurisdiction; and
(c) A misdemeanor that entails theft, destruction, tampering with or vandalism of property be waived to municipal court if the municipal court has agreed to accept jurisdiction.
(2) Cases waived under subsection (1) of this section are subject to the following:
(a) That the criminal or municipal court prior to hearing a case, other than a case involving a parking violation, in which the defendant is or appears to be under 18 years of age notify the juvenile court of that fact; and
(b) That the juvenile court may direct that any such case be waived to the juvenile court for further proceedings.
(3)(a) When a person who has been waived under subsection (1)(c) of this section is convicted of a property offense, the municipal court may impose any sanction authorized for the offense except for incarceration. The municipal court shall notify the juvenile court of the disposition of the case.
(b) When a person has been waived under subsection (1) of this section and fails to appear as summoned or is placed on probation and is alleged to have violated a condition of the probation, the juvenile court may recall the case to the juvenile court for further proceedings. When a person has been returned to juvenile court under this paragraph, the juvenile court may proceed as though the person had failed to appear as summoned to the juvenile court or had violated a juvenile court probation order under ORS § 419C.446.
(4) Records of cases waived under subsection (1)(c) of this section are juvenile records for purposes of expunction under ORS § 419A.260 to 419A.271. [1993 c.33 § 220; 1993 c.546 § 86; 1995 c.481 § 1; 1999 c.158 § 1; 1999 c.615 § 1; 2003 c.396 § 104; 2021 c.585 § 9; 2021 c.591 § 25]