Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 147.504

Scope

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      147.504 Scope. (1) ORS 147.500 to 147.550 effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding. A remedy for a violation of section 42 or 43, Article I of the Oregon Constitution, in any other proceeding may be enforced by writ of mandamus under ORS 34.105 to 34.240.

      (2) Nothing in ORS 147.500 to 147.550:

      (a) Affects the authority granted by law to the prosecuting attorney to assert the public’s interest, including but not limited to:

      (A) Asserting rights granted to victims by law; and

      (B) Investigating and presenting to the court evidence relating to restitution.

      (b) Authorizes a court to order the dismissal of a criminal proceeding or to grant a motion for judgment of acquittal, in arrest of judgment or for a new trial.

      (c) Reduces a defendant’s rights under the United States Constitution or authorizes the suspension of a criminal proceeding if the suspension would violate a right of a defendant guaranteed by the Oregon Constitution or the United States Constitution. [2009 c.178 §19]

 

      Note: See note under 147.500.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2012–2021 · leading case: State v. Gallegos
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State v. Gallegos (2020) orctapp · cites it 2× “” Additionally, the state points to ORS 147.504, which pro- vides, in part: “(2) Nothing in ORS 147.”
State v. Thompson (2013) orctapp · cites it 2× “550 effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding.”
State v. Castillo (2021) orctapp · cites it 8× “ORS 147.504(2) provides that “[n]othing in ORS 147.”
State v. Algeo (2013) or “See ORS 147.504(1) (so stating). Under those statutes, a victim who wishes to allege a violation of a right granted by Article I, section 42, must inform the court within 30 days of the date the victim knew, or reasonably should have known, of the facts supporting the allegation.”
State v. N. R. L. (2013) or · cites it 2× “ORS 147.504(1). However, those statutory provisions do not permit a victim to assert a claim for restitution against a juvenile offender.”
State v. Bray (2012) or “See ORS 147.504 (statutes are to “effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution”); ORS 147.”
State v. N. R. L. (2013) or · cites it 2× “ORS 147.504(1). However, those statutory provisions do not permit a victim to assert a claim for restitution against a juvenile offender.”
— Or. Rev. Stat. § 147.504(1) — 4 cases
State v. Thompson (2013) orctapp “550 effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding.”
State v. Algeo (2013) or “See ORS 147.504(1) (so stating). Under those statutes, a victim who wishes to allege a violation of a right granted by Article I, section 42, must inform the court within 30 days of the date the victim knew, or reasonably should have known, of the facts supporting the allegation.”
State v. N. R. L. (2013) or “ORS 147.504(1). However, those statutory provisions do not permit a victim to assert a claim for restitution against a juvenile offender.”
State v. N. R. L. (2013) or “ORS 147.504(1). However, those statutory provisions do not permit a victim to assert a claim for restitution against a juvenile offender.”
— Or. Rev. Stat. § 147.504(2) — 1 case
State v. Castillo (2021) orctapp “ORS 147.504(2) provides that “[n]othing in ORS 147.”
— Or. Rev. Stat. § 147.504(2)(a) — 2 cases
State v. Gallegos (2020) orctapp “” Additionally, the state points to ORS 147.504, which pro- vides, in part: “(2) Nothing in ORS 147.”
State v. Castillo (2021) orctapp “ORS 147.504(2) provides that “[n]othing in ORS 147.”
— Or. Rev. Stat. § 147.504(a)(2) — 1 case
State v. Castillo (2021) orctapp “ORS 147.504(2) provides that “[n]othing in ORS 147.”
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