133.069
Contents of criminal citation issued with complaint; nonconformance. (1) A criminal citation issued
with a form of complaint must contain:
(a) The name of
the court at which the cited person is to appear.
(b) The name of
the person cited.
(c) A complaint
containing at least the following:
(A) The name of
the court, the name of the state or of the city or other public body in whose
name the action is brought and the name of the defendant.
(B) A statement
or designation of the crime that can be readily understood by a person making a
reasonable effort to do so and the date, time and place at which the crime is
alleged to have been committed.
(C) A form of
certificate in which the peace officer must certify that the peace officer has
sufficient grounds to believe, and does believe, that the person named in the
complaint committed the offense specified in the complaint. A certificate
conforming to this subparagraph shall be deemed equivalent to a sworn
complaint.
(d) The date on
which the citation was issued, and the name of the peace officer who issued the
citation.
(e) The date,
time and place at which the person cited is to appear in court, and a summons
to so appear.
(f) If the arrest
was made by a private party, the name of the arresting person.
(2) The district
attorney for the county shall review any criminal citation issued with a form
of complaint that is to be filed in a circuit or justice court. The review must
be done before the complaint is filed.
(3) If the
complaint does not conform to the requirements of this section, the court shall
set the complaint aside upon motion of the defendant made before entry of a
plea. A pretrial ruling on a motion to set aside may be appealed by the state.
(4) A court may
amend a complaint at its discretion. [1999 c.1051 §61; 2001 c.870 §10; 2005
c.566 §1]
Notes of Decisions
Cited in
9
cases, 2007–2014 · leading case:
State v. Carter, 241 P.3d 1205 (Or. Ct. App. 2010).
State v. Carter, 241 P.3d 1205 (Or. Ct. App. 2010).
· cites it 3× “Here, defendant was issued a citation with a form of complaint, the required content of which is described in ORS 133.069. ORS 133.069(l)(e) requires that a citation with a form of complaint must include “[t]he date, time and place at which the person cited is to appear in…”
Dep't of Revenue v. Faris, 190 P.3d 364 (Or. 2008).
· cites it 2× “For example, ORS 133.069 sets forth the required contents of a criminal citation issued with a form of complaint, and provides, in part, that the “peace officer must certify that the peace officer has sufficient grounds to believe, and does believe, that the person named in the…”
State v. Kenny, 327 P.3d 548 (Or. Ct. App. 2014).
· cites it 5× “055 and ORS 133.069.” In response, the state argues that defendant misconstrues the meaning of the phrase “issued under ORS 133.”
State v. Murr, 295 P.3d 122 (Or. Ct. App. 2013).
· cites it 4× “ORS 133.069 regulates the content of a criminal citation with a complaint.”
State v. Kuznetsov, 199 P.3d 311 (Or. 2008).
“ORS 133.069(4) provides that a “court may amend a complaint at its discretion.”
State v. Thomas, 188 P.3d 444 (Or. Ct. App. 2008).
· cites it 20× “As such, its form and content, and the procedure for challenging its sufficiency, were specified by ORS 133.069. The version of that statute in effect at the time of the offense provided: “(1) A criminal citation issued with a form of complaint must contain: “(a) The name of the…”
State v. Greenlick, 152 P.3d 971 (Or. Ct. App. 2007).
· cites it 2× “005(3); 2 ORS 133.069; 3 ORS 153.048. 4 *666 Defendant responds that, despite the fact that the language of ORS 135.”
State v. Robison, 227 P.3d 169 (Or. Ct. App. 2009).
· cites it 3× “ORS 133.069(1) sets forth specific requirements for criminal citations issued with a form of complaint.”
State v. Savage, 203 P.3d 295 (Or. Ct. App. 2009).
· cites it 2× “at 7-8 ,9 (citing ORS 133.069(1)). There was no indication, we noted, that the trial court had complied with that requirement.”
— Or. Rev. Stat. § 133.069(1) — 2 cases
State v. Robison, 227 P.3d 169 (Or. Ct. App. 2009).
“ORS 133.069(1) sets forth specific requirements for criminal citations issued with a form of complaint.”
State v. Savage, 203 P.3d 295 (Or. Ct. App. 2009).
“at 7-8 ,9 (citing ORS 133.069(1)). There was no indication, we noted, that the trial court had complied with that requirement.”
— Or. Rev. Stat. § 133.069(1)(c)(C) — 1 case
State v. Thomas, 188 P.3d 444 (Or. Ct. App. 2008).
“As such, its form and content, and the procedure for challenging its sufficiency, were specified by ORS 133.069. The version of that statute in effect at the time of the offense provided: “(1) A criminal citation issued with a form of complaint must contain: “(a) The name of the…”
— Or. Rev. Stat. § 133.069(2) — 2 cases
State v. Murr, 295 P.3d 122 (Or. Ct. App. 2013).
“ORS 133.069 regulates the content of a criminal citation with a complaint.”
State v. Thomas, 188 P.3d 444 (Or. Ct. App. 2008).
“As such, its form and content, and the procedure for challenging its sufficiency, were specified by ORS 133.069. The version of that statute in effect at the time of the offense provided: “(1) A criminal citation issued with a form of complaint must contain: “(a) The name of the…”
— Or. Rev. Stat. § 133.069(3) — 4 cases
State v. Carter, 241 P.3d 1205 (Or. Ct. App. 2010).
“Here, defendant was issued a citation with a form of complaint, the required content of which is described in ORS 133.069. ORS 133.069(l)(e) requires that a citation with a form of complaint must include “[t]he date, time and place at which the person cited is to appear in…”
State v. Kenny, 327 P.3d 548 (Or. Ct. App. 2014).
“055 and ORS 133.069.” In response, the state argues that defendant misconstrues the meaning of the phrase “issued under ORS 133.”
State v. Robison, 227 P.3d 169 (Or. Ct. App. 2009).
“ORS 133.069(1) sets forth specific requirements for criminal citations issued with a form of complaint.”
State v. Thomas, 188 P.3d 444 (Or. Ct. App. 2008).
“As such, its form and content, and the procedure for challenging its sufficiency, were specified by ORS 133.069. The version of that statute in effect at the time of the offense provided: “(1) A criminal citation issued with a form of complaint must contain: “(a) The name of the…”
— Or. Rev. Stat. § 133.069(4) — 3 cases
State v. Kuznetsov, 199 P.3d 311 (Or. 2008).
“ORS 133.069(4) provides that a “court may amend a complaint at its discretion.”
State v. Thomas, 188 P.3d 444 (Or. Ct. App. 2008).
“As such, its form and content, and the procedure for challenging its sufficiency, were specified by ORS 133.069. The version of that statute in effect at the time of the offense provided: “(1) A criminal citation issued with a form of complaint must contain: “(a) The name of the…”
State v. Savage, 203 P.3d 295 (Or. Ct. App. 2009).
“at 7-8 ,9 (citing ORS 133.069(1)). There was no indication, we noted, that the trial court had complied with that requirement.”
— Or. Rev. Stat. § 133.069(l)(c)(C) — 2 cases
Dep't of Revenue v. Faris, 190 P.3d 364 (Or. 2008).
“For example, ORS 133.069 sets forth the required contents of a criminal citation issued with a form of complaint, and provides, in part, that the “peace officer must certify that the peace officer has sufficient grounds to believe, and does believe, that the person named in the…”
State v. Thomas, 188 P.3d 444 (Or. Ct. App. 2008).
“As such, its form and content, and the procedure for challenging its sufficiency, were specified by ORS 133.069. The version of that statute in effect at the time of the offense provided: “(1) A criminal citation issued with a form of complaint must contain: “(a) The name of the…”
— Or. Rev. Stat. § 133.069(l)(e) — 1 case
State v. Carter, 241 P.3d 1205 (Or. Ct. App. 2010).
“Here, defendant was issued a citation with a form of complaint, the required content of which is described in ORS 133.069. ORS 133.069(l)(e) requires that a citation with a form of complaint must include “[t]he date, time and place at which the person cited is to appear in…”
— Or. Rev. Stat. § 133.069(l)(e)(C) — 1 case
State v. Murr, 295 P.3d 122 (Or. Ct. App. 2013).
“ORS 133.069 regulates the content of a criminal citation with a complaint.”
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