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Oregon Revised Statutes

Or. Rev. Stat. § 135.540 (2026)

Effect of resubmission of case

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      135.540 Effect of resubmission of case. Subject to the limitations of ORS 135.530 (2), if the court allows the case to be resubmitted or refiled, the defendant, if then in custody, shall so remain, unless the defendant is released as provided by law. If the defendant has already been released, the release agreement or any security deposited as provided by law, shall continue to insure the appearance of the defendant to answer a new indictment or information, if one is filed. [Amended by 1973 c.836 §181]

 

      135.550 [Repealed by 1973 c.836 §358]

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1965–2025 · leading case: State v. Silver, 398 P.2d 178 (Or. 1965).
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State v. Silver, 398 P.2d 178 (Or. 1965). · cites it 2× “After dismissal, the only authority of the court was to order a resubmission of the matter to the grand jury-and to fix bail under the provisions of ORS 135.540. The purpose of ORS 135.540 is simply to dispense with the reissuance of a new complaint and warrant, and the…”
State v. Levitt, 582 P.3d 1170 (Or. Ct. App. 2025). “690; ORS 135.540. Thus, in our view, the statutory framework 502 State v.”
State v. Carrillo, 790 P.2d 1159 (Or. Ct. App. 1990). “dant shall be discharged as soon as the judgment is given, except that, when the acquittal is for variance between the proof and the accusatory instrument, which may be obviated by a new accusatory instrument, the court may order the detention of the defendant, to the end that a…”
State v. Levitt, 582 P.3d 1170 (Or. Ct. App. 2025). “690; ORS 135.540. Thus, in our view, the statutory framework 502 State v.”
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