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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2473
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee
on Judiciary for Oregon District Attorneys Association)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act changes some rules for criminal cases.(Flesch Readability Score: 71.8).
Modifies the requirements for providing a declaration for the purposes of authenticating records
in response to criminal process.
Authorizes a law enforcement agency to use forensic imaging to obtain information from a
portable electronic device belonging to a deceased user if the death is the subject of a law
enforcementinvestigation.
Provides that a warrant authorizing the installation or tracking of a mobile tracking device may
be issued when an individual has committed a crime.
Authorizes a prosecuting attorney to turn over grand jury recordings to the defense attorney
as soon as a decision not to file a motion for a protective order has been made.
Provides that a person released pretrial on a violent felony who violates a condition of release
may be held in custody if the violation constitutes a new criminal offense.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to criminal procedures; creating new provisions; amending ORS 132.270, 133.539, 133.619,
135.240, 135.280 and 136.583; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
AUTHENTICATION OF RECORDS
SECTION 1. ORS 136.583 is amended to read:
136.583. (1) Notwithstanding ORS 136.557, 136.563, 136.565 or 136.567 and subject to ORS 136.580
(2), criminal process authorizing or commanding the seizure or production of papers, documents,
records or other things may be issued to a recipient, regardless of whether the recipient or the pa-
pers, documents, records or things are located within this state, if:
(a) The criminal matter is triable in Oregon under ORS 131.205 to 131.235; and
(b) The exercise of jurisdiction over the recipient is not inconsistent with the Constitution of
this state or the Constitution of the United States.
(2) Criminal process that authorizes or commands the seizure or production of papers, docu-
ments, records or other things from a recipient may be served by:
(a) Delivering a copy to the recipient personally; or
(b) Sending a copy by:
(A) Certified or registered mail, return receipt requested;
(B) Express mail; or
(C) Facsimile or electronic transmission, if the copy is sent in a manner that provides proof of
delivery.
(3) When criminal process is served under subsection (2) of this section, the recipient shall
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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provide the applicant, or if the process is described in ORS 136.447 or 136.580 (2), the court, with
all of the papers, documents, records or other things described in the criminal process within 20
business days from the date the criminal process is received, unless:
(a) The court, for good cause shown, includes in the process a requirement for production within
a period of time that is less than 20 business days;
(b) The court, for good cause shown, extends the time for production to a period of time that is
more than 20 business days; or
(c) The applicant consents to a request from the recipient for additional time to comply with the
process.
(4) A recipient who seeks to quash or otherwise challenge the criminal process must seek relief
from the court that issued the process within the time required for production. The court shall hear
and decide the issue as soon as practicable. The consent of the applicant to additional time to
comply with the process under subsection (3)(c) of this section does not extend the date by which
a recipient must seek relief under this subsection.
(5) Criminal process issued under this section must contain a notice on the first page of the
document that indicates:
(a) That the process was issued under this section;
(b) The date before which the recipient must respond to the process; and
(c) That the deadline for seeking relief is not altered by the applicant’s consent to additional
time to respond to the process.
(6) Upon order of the court or the written request of the applicant, the recipient of the process
shall verify the authenticity of the papers, documents, records or other things that the recipient
produces in response to the criminal process by providing an affidavit or declaration that [includes
contact information for] identifies the custodian or other qualified person completing the document
and attests to the nature of the papers, documents, records or other things. An affidavit or decla-
ration that complies with this subsection [may fulfill] fulfills the requirements of ORS 40.460 (6),
40.505 and 132.320.
(7) A party that intends to offer a paper, document, record or other thing into evidence under
this section must file written notice of that intention with the court and must disclose the affidavit
or declaration sufficiently in advance of offering the paper, document, record or other thing into
evidence to provide the adverse party with an opportunity to challenge the affidavit or declaration
and to have that challenge determined without prejudice to the ability of the moving party to
produce the custodian or other qualified person at trial. A motion opposing admission of the paper,
document, record or other thing into evidence must be filed and determined by the court before trial
and with sufficient time to allow the party offering the paper, document, record or other thing, if
the motion is granted, to produce the custodian of the record or other qualified person at trial,
without creating a hardship on the party or the custodian or other qualified person.
(8) Failure by a party that receives notice under subsection (7) of this section to timely file a
motion opposing admission of the paper, document, record or other thing constitutes a waiver of
objection to the admission of the evidence on the basis of the insufficiency of the affidavit or dec-
laration unless the court finds good cause to grant relief from the waiver. If the court grants relief
from the waiver, the court shall order the trial continued upon the request of the proponent of the
evidence and allow the proponent sufficient time to arrange for the necessary witness to appear.
(9) A recipient of criminal process under this section or any individual that responds to the
process is immune from civil and criminal liability for complying with the process and for any failure
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to provide notice of any disclosure to a person who is the subject of, or identified in, the disclosure.
(10) Nothing in this section limits the authority of a court to issue criminal process under any
other provision of law or prohibits a party from calling the custodian of the evidence or other
qualified person to testify regarding the evidence.
(11) As used in this section:
(a) “Applicant” means:
(A) A police officer or district attorney who applies for a search warrant or other court order
or seeks to issue a subpoena under this section; or
(B) A defense attorney who applies for a court order or seeks to issue a subpoena under this
section.
(b) “Criminal process” means a subpoena, search warrant or other court order.
(c) “Declaration” means a declaration [under penalty of perjury under ORCP 1 E or an unsworn
declaration under ORS 194.800 to 194.835, if the declarant is physically outside the boundaries of the
United States] stating that the information contained therein is correct that is made under
penalty of perjury and signed by the custodian of records or other qualified person .
(d) “Defense attorney” means an attorney of record for a person charged with a crime who is
seeking the issuance of criminal process for the defense of the criminal case.
(e) “Recipient” means a business entity or nonprofit entity that has conducted business or en-
gaged in transactions occurring at least in part in this state.
IMAGING OF DIGITAL DEVICES
SECTION 2. ORS 133.539 is amended to read:
133.539. (1) As used in this section:
(a)(A) “Forensic imaging” means using an electronic device to download or transfer raw data
from a portable electronic device onto another medium of digital storage.
(B) “Forensic imaging” does not include photographing or transcribing information observable
from the portable electronic device by normal unaided human senses.
(b) “Location information service” means a global positioning service or other mapping,
locational or directional information service.
(c) “Portable electronic device” means any device designed to be easily moved from one location
to another and that contains electronic data or that enables access to, or use of, an electronic
communication service as defined in 18 U.S.C. 2510, remote computing service as defined in 18 U.S.C.
2711 or location information service.
(d) “Raw data” means data collected from a source that has not been subsequently altered or
manipulated after collection.
(2) A law enforcement agency may not use forensic imaging to obtain information contained in
a portable electronic device except:
(a) Pursuant to a search warrant issued under ORS 133.525 to 133.703; [or]
(b) As authorized by lawful consent; or
(c) When the user of the device is deceased and the death is the subject of a law
enforcementinvestigation.
(3) Information obtained in violation of this section:
(a) Is not admissible in and may not be disclosed in a judicial proceeding, administrative pro-
ceeding, arbitration proceeding or other adjudicatory proceeding, against either the owner of the
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portable electronic device or a person with a reasonable expectation of privacy in the contents of
the device; and
(b) May not be used to establish reasonable suspicion or probable cause to believe that an of-
fense has been committed.
(4) A portable electronic device that has been forensically imaged pursuant to subsection (2) of
this section may be returned as described in ORS 133.633 and 133.643.
(5) Subsection (2) of this section does not apply to:
(a) A correctional facility, youth correction facility or state hospital, as those terms are defined
in ORS 162.135, when the facility or state hospital obtains information from a portable electronic
device in an otherwise lawful manner.
(b) A parole and probation officer, juvenile community supervision officer as defined in ORS
420.905, community corrections agency or agency that supervises youths or adjudicated youths,
when the officer or agency obtains information from a portable electronic device in an otherwise
lawfulmanner.
MOBILE TRACKING DEVICE WARRANTS
SECTION 3. ORS 133.619 is amended to read:
133.619. (1) A warrant authorizing the installation or tracking of a mobile tracking device shall
be executed as provided in this section.
(2) The officer need not inform any person of the existence or content of the warrant prior to
its execution.
(3) Except as provided in subsection (4) of this section, the officer need not deliver or leave a
receipt for things seized or observations made under authority of the warrant.
(4) Within five days of the execution of the warrant, or, in the case of an ongoing investigation,
within such additional time as the issuing judge may allow upon application, the officer shall mail
a receipt for things seized or observations made under authority of the warrant to the following:
(a) If the mobile tracking device has been affixed to a vehicle, to the registered owner; and
(b) To such other persons as the court may direct in the warrant.
(5) The receipt provided for in subsection (4) of this section must include the dates and times
during which the officer monitored or attempted to monitor the mobile tracking device.
(6) A warrant authorizing the installation or tracking of a mobile tracking device shall be issued
only when based upon the submission of an affidavit or oral statement as described in ORS 133.545,
which affidavit or statement demonstrates that probable cause exists to believe that an individual
is committing, has committed or is about to commit:
(a) A particular felony of murder, kidnapping, arson, robbery or other crime dangerous to life
and punishable as a felony;
(b) A crime punishable as a felony arising under ORS 475.752, 475.806 to 475.894, 475C.005 to
475C.525 or 475C.770 to 475C.919;
(c) The crime of unlawfully transporting metal property under ORS 164.857 or a crime described
in ORS 165.118;
(d) Bribery, extortion, burglary or unauthorized use of a motor vehicle punishable as a felony;
(e) A violation of a criminal provision of the wildlife laws as described in ORS 496.002;
(f) A violation of a criminal provision of the commercial fishing laws as described in ORS
506.001;
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(g) A violation of ORS 704.020, 704.021, 704.030 or 704.065; or
(h) A conspiracy to commit a crime listed in this subsection.
(7) A court may authorize the installation or tracking of a mobile tracking device for a period
not to exceed 30 days. Upon application, the court may grant one or more extensions for a period
not to exceed 30 days per extension.
GRAND JURY RECORDINGS
SECTION 4. ORS 132.270 is amended to read:
132.270. (1) Audio recordings and the notes or report of a shorthand reporter produced pursuant
to ORS 132.250 and 132.260 are confidential and may not be released except as described in this
section.
(2) When an indictment resulting from grand jury proceedings is indorsed “a true bill,” the audio
recording or the notes or report of a shorthand reporter of the grand jury proceedings may be re-
leased only in the following manner:
(a) The prosecuting attorney may access a copy of the audio recording or the notes or report
of a shorthand reporter at any time.
(b) When the defendant has been arraigned on the indictment and is represented by an attorney,
the [district] prosecuting attorney shall make an expedited determination on whether to file a
motion for a protective order under subsection (4)(a)(A) of this section, including whether
to file an order on behalf of a victim or witness. If the prosecuting attorney decides not to
file a motion for a protective order and the decision is made within 10 days after the
arraignment on the indictment, the prosecuting attorney shall file a certification of the de-
cision with the court and shall immediately provide a copy of the audio recordings, or the
notes or report of a shorthand reporter, to the defense attorney. If the prosecuting attorney
has not filed a certification under this paragraph within 10 days after the arraignment, or
decides to file a motion for a protective order, the prosecuting attorney shall:
(A) Provide a copy to the defense attorney of all audio recordings, or the notes or report of a
shorthand reporter, related to an indictment after 10 days have passed since the defendant’s
arraignment on the indictment, if a [and no] motion described in subsection (4) of this section has
not been filed; or
(B) Provide a copy of the audio recordings, or the notes or report of a shorthand reporter, to
the defense attorney in accordance with the court’s ruling on the motion described in subsection (4)
of this section, if a motion has been filed.
(c) Unless the court orders otherwise for good cause shown, the prosecuting attorney and the
defense attorney may not copy, disseminate or republish the audio recording, the notes or report
of a shorthand reporter, or a transcript prepared from the audio recording, notes or report, released
pursuant to this subsection, except to provide a copy to an agent of the prosecuting attorney or
defense attorney for the limited purpose of case preparation.Unless a court orders otherwise for
good cause shown, in consulting with the defendant the defense attorney may not disclose to the
defendant:
(A) Any personal identifiers of a victim, witness or grand juror obtained from the audio re-
cording, report, notes or transcript; or
(B) Any portion of the audio recording, report, notes or transcript that contains any personal
identifiers of a victim, witness or grand juror.
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(d) The defense attorney may not provide a copy of the audio recording, notes or report, or a
transcript prepared from the audio recording, notes or report, to the defendant.
(e) When the defendant has been arraigned but is not represented by an attorney, the defendant
may request by motion that the court issue an order allowing the defendant access to review the
contents of the audio recording or the notes or report of the shorthand reporter. A copy of the
motion must be provided to the prosecuting attorney. The prosecuting attorney may request a
hearing on the motion within 10 days after receiving a copy. At the hearing, or in response to re-
ceiving the motion, the court shall appoint counsel for the defendant for the limited purpose of re-
viewing the audio recording, notes or report and may set reasonable conditions on the review of the
audio recording, notes or report.
(3)(a) When a grand jury inquires into the conduct of a public servant as defined in ORS 162.005
for acts occurring in the performance of the public servant’s duties, and an indictment resulting
from the grand jury proceedings is indorsed “not a true bill”:
(A) The public servant or the prosecuting attorney may file a motion requesting a court order
releasing all or a portion of a transcript of the grand jury proceedings. A copy of the motion must
be served on the opposing party. In deciding whether to issue such an order, the court shall deter-
mine whether the public interest in disclosure outweighs the interest in maintaining the secrecy of
the grand jury proceedings. If the court orders disclosure, the court may set reasonable conditions
on copying, disseminating or republishing the transcript.
(B) A member of the public may file a motion requesting a court order for production and re-
lease of a transcript of the grand jury proceedings. A copy of the motion must be served on the
prosecuting attorney and the public servant’s attorney, or the public servant if the public servant
is not represented by an attorney. The person filing the motion is responsible for the cost of
producing the transcript and a court order for production and release of the transcript must be
conditioned on receipt of payment. In deciding whether to issue such an order, the court shall de-
termine whether the public interest in disclosure outweighs the interest in maintaining the secrecy
of the grand jury proceedings. If the court orders disclosure, the court may set reasonable conditions
on copying, disseminating or republishing the transcript.
(b) The release of any transcript under this subsection may not include:
(A) The release of any personal identifiers of a victim or witness; or
(B) The release of the name or any personal identifiers of a grand juror.
(4)(a) A motion for a protective order concerning an audio recording, the notes or report of a
shorthand reporter or a transcript of grand jury proceedings may be filed as follows:
(A) Except when the prosecuting attorney has filed a certification of the decision to not
file a motion for a protective order under subsection (2)(b) of this section, the prosecuting
attorney may file a motion for a protective order within 10 days after the defendant’s arraignment
on the indictment. The motion may be filed on behalf of a victim or a witness. The prosecuting at-
torney shall inform the victim of the ability to seek a protective order.
(B) The prosecuting attorney may file a motion for a protective order within 10 days after re-
ceiving a motion described in subsection (2)(e) of this section.
(C) The prosecuting attorney, the public servant who is the subject of an indictment indorsed
“not a true bill” or the public servant’s attorney may file a motion for a protective order within 10
days of receiving a motion described in subsection (3)(a) of this section.
(b) If the motion for a protective order requests that a portion of the audio recording, notes,
report or transcript be redacted, the motion must be accompanied by a specific description, includ-
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ing the date and time, of the portion of the audio recording, notes, report or transcript to be
redacted.
(c) In response to a motion filed under this subsection, the court may order that the access of
the person requesting release to a copy of the audio recording, notes, report or transcript be denied,
restricted or deferred, or may make any other order, upon a finding of substantial and compelling
circumstances. In deciding whether to grant the motion and enter a protective order under this
paragraph, the court may consider the following:
(A) Protection of witnesses and others from physical harm, threats of harm, bribes, economic
interference, reprisal and other forms of intimidation;
(B) Maintenance of secrecy regarding informants, as required for effective investigation of
criminalactivity;
(C) Confidential information recognized under law, including the protection of confidential re-
lationships and privileges and the contents of confidential records unrelated to a crime alleged in
the indictment; and
(D) Any other relevant considerations.
(d) The court may permit the evidence of substantial and compelling circumstances described in
paragraph (c) of this subsection to be made in the form of a written statement to be inspected by
the court only or by oral testimony given on the record.
(5)(a) Except as provided in paragraph (b) of this subsection, when grand jury proceedings do
not result in an indictment indorsed as either “a true bill” or “not a true bill,” the audio recording
or notes or report of the shorthand reporter produced pursuant to ORS 132.250 and 132.260 may not
be disclosed or released.
(b) When subsequent grand jury proceedings occur inquiring into the same criminal episode as
the grand jury proceedings described in paragraph (a) of this subsection, and the subsequent pro-
ceedings result in an indictment indorsed as “a true bill,” the prosecuting attorney shall provide
notice to the person charged in the indictment of the occurrence of the earlier grand jury pro-
ceedings. After the person is arraigned on the indictment [and the time period described in subsection
(2)(b) of this section has passed], the audio recording or the notes or report of the shorthand reporter
produced during the earlier grand jury proceedings may be obtained in the manner set forth in
subsection (2) of this section.
(c) As used in this subsection, “criminal episode” has the meaning given that term in ORS
131.505.
(6) The district attorney of each county may establish a fee for the cost of providing a copy of
any audio recording, or the notes or report of a shorthand reporter, of a grand jury proceeding to
a person requesting a copy under this section.
(7) An audio recording, the notes or report of a shorthand reporter or a transcript of a grand
jury proceeding obtained pursuant to this section and ORS 132.250 and 132.260:
(a) May not be used as evidence in any subsequent proceeding, except as permitted under ORS
40.375, 40.380, 40.450, 40.460 or 40.465.
(b) May not be used to challenge the indorsement of an indictment “a true bill” or the pro-
ceedings that led to the indorsement.
(c) May be used as evidence in a prosecution for perjury or false swearing committed by a wit-
ness while giving testimony during the grand jury proceeding or during trial.
(d) May be used as evidence in a proceeding for contempt of court against a person alleged to
have violated the terms of a court order concerning the audio recording, notes, report or transcript.
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(e) May be submitted to the court and used as evidence for a hearing on a protective order de-
scribed in subsection (4) of this section.
(8) The release of audio recordings, shorthand reporter notes or reports or transcripts of grand
jury proceedings under this section does not affect discovery obligations under ORS 135.805 to
135.873.
(9) As used in this section:
(a) “Personal identifiers” means:
(A) In relation to a witness or a grand juror, the person’s address, telephone number, driver li-
cense, vehicle registration information, Social Security number, date of birth and the identifying
number of the person’s depository account at a financial institution, as defined in ORS 706.008, or
credit card account.
(B) In relation to a victim, the victim’s address, electronic mail address, telephone number,
driver license, vehicle registration information, Social Security number, date of birth, any user
names or other identifying information associated with the victim’s social media accounts and the
identifying number of the victim’s depository account at a financial institution, as defined in ORS
706.008, or credit card account.
(b) “Social media” has the meaning given that term in ORS 659A.330.
PRETRIAL RELEASE
SECTION 5. ORS 135.240 is amended to read:
135.240. (1) Except as provided in subsections (2) and (4) of this section, a defendant shall be
released in accordance with ORS 135.230 to 135.290.
(2)(a) When the defendant is charged with murder, aggravated murder or treason, release shall
be denied when the proof is evident or the presumption strong that the person is guilty.
(b) When the defendant is charged with murder or aggravated murder and the proof is not evi-
dent nor the presumption strong that the defendant is guilty, the court shall determine the issue of
release as provided in subsection (4) of this section. In determining the issue of release under sub-
section (4) of this section, the court may consider any evidence used in making the determination
required by this subsection.
(3) The magistrate may conduct such hearing as the magistrate considers necessary to determine
whether, under subsection (2) of this section, the proof is evident or the presumption strong that the
person is guilty.
(4)(a) When the defendant is charged with a violent felony, release shall be denied if the court
finds:
(A) Except when the defendant is charged by indictment, that there is probable cause to believe
that the defendant committed the crime; and
(B) By clear and convincing evidence, that there is a danger of physical injury or sexual
victimization to the victim or members of the public by the defendant while on release.
(b) If the defendant wants to have a hearing on the issue of release, the defendant must request
the hearing at the time of arraignment in circuit court. If the defendant requests a release hearing,
the court must hold the hearing within five days of the request.
(c) At the release hearing, unless the state stipulates to the setting of security or release, the
court shall make the inquiry set forth in paragraph (a) of this subsection. The state has the burden
of producing evidence at the release hearing subject to ORS 40.015 (4).
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(d) The defendant may be represented by counsel and may present evidence on any relevant is-
sue. However, the hearing may not be used for purposes of discovery.
(e) If the court determines that the defendant is eligible for release in accordance with this
subsection, the court shall set security or other appropriate conditions of release.
(f) When a defendant [who] is charged with a violent felony, has been released, regardless
of whether the court conducted the inquiry or made the findings described in paragraph (a)
of this subsection, and violates a condition of release [and the violation]:
(A) That constitutes a new criminal offense, the court shall cause the defendant to be taken
back into custody and shall order the defendant held pending trial without release.
(B) That does not constitute a new criminal offense, the court may order the defendant to be
taken back into custody and may order the defendant held pending trial or may make a new release
decision.
(C) The state may request that the court proceed with the inquiry described in paragraph
(a) of this subsection and deny release.
(5) For purposes of this section, “violent felony” means a felony offense in which there was an
actual or threatened serious physical injury to the victim, or a felony sexual offense.
SECTION 6. ORS 135.280 is amended to read:
135.280. (1) Upon failure of a person to comply with any condition of a release agreement or
personal recognizance, the court having jurisdiction may, in addition to any other action provided
by law, issue a warrant for the arrest of the person at liberty upon a personal recognizance, condi-
tional or security release. After the person is returned to custody, the court may make a new
release decision except as otherwise provided in ORS 135.240.
(2) A warrant issued under subsection (1) of this section by a municipal judge may be executed
by any peace officer authorized to execute arrest warrants.
(3) If the defendant does not comply with the conditions of the release agreement, the court
having jurisdiction shall enter an order declaring the entire security amount to be forfeited.Notice
of the order of forfeiture shall be given forthwith by personal service, by mail or by such other
means as are reasonably calculated to bring to the attention of the defendant and, if applicable, of
the sureties the order of forfeiture. If, within 30 days after the court declares the forfeiture, the
defendant does not appear or satisfy the court having jurisdiction that appearance and surrender
by the defendant was, or still is, impossible and without fault of the defendant, the court shall enter
judgment for the state, or appropriate political subdivision thereof, against the defendant and, if
applicable, the sureties for the entire security amount set under ORS 135.265 and the costs of the
proceedings. At any time before or after entry of the judgment, the defendant or the sureties may
apply to the court for a remission of the forfeiture or to modify or set aside the judgment. The court,
upon good cause shown, may remit the forfeiture or any part thereof or may modify or set aside the
judgment as in other criminal cases, except the portion of the security deposit that the court or-
dered to be applied to child support under subsection (4) of this section, as the court considers
reasonable under the circumstances of the case. The court shall adopt procedures to ensure that the
amount deposited under ORS 135.265 is available for a reasonable period of time for disposition un-
der subsection (4) of this section.
(4) After entry of a judgment for the state, the court, upon a motion filed under ORS 25.715,
may order that a portion of the security deposit be applied to any unsatisfied child support award
owed by the defendant and to provide security for child support payments in accordance with ORS
25.230. The portion of the security deposit that may be applied to the child support award:
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(a) Is limited to the amount deposited under ORS 135.265 (2);
(b) May not exceed 66 percent of the entire security amount set under ORS 135.265 if the deposit
has been made under ORS 135.265 (3); and
(c) Does not reduce the money award in the judgment entered under subsection (3) of this sec-
tion that is owed to the state.
(5) When judgment is entered in favor of the state, or any political subdivision of the state, on
any security given for a release, the judgment may be enforced as a judgment in a civil action. If
entered in circuit court, the judgment shall be entered in the register, and the clerk of the court
shall note in the register that the judgment creates a judgment lien. The district attorney, county
counsel or city attorney may have execution issued on the judgment and deliver same to the sheriff
to be executed by levy on the deposit or security amount made in accordance with ORS 135.265, or
may collect the judgment as otherwise provided by law. The proceeds of any execution or collection
shall be used to satisfy the judgment and costs and paid into the treasury of the municipal corpo-
ration wherein the security was taken if the offense was defined by an ordinance of a political
subdivision of this state, or paid into the treasury of the county wherein the security was taken if
the offense was defined by a statute of this state and the judgment was entered by a justice court,
or paid over as directed by the State Court Administrator for deposit in the Criminal Fine Account,
if the offense was defined by a statute of this state and the judgment was entered by a circuit court.
The provisions of this section shall not apply to amounts deposited upon appearance under ORS
153.061.
(6) When the judgment of forfeiture is entered, the security deposit or deposit with the clerk is,
by virtue of the judgment alone and without requiring further execution, forfeited to and may be
kept by the state or its appropriate political subdivision.Except as provided in subsection (4) of this
section, the clerk shall reduce, by the value of the deposit so forfeited, the debt remaining on the
judgment and shall cause the amount on deposit to be transferred to the revenue account of the
state or political subdivision thereof entitled to receive the proceeds of execution under this section.
(7) The stocks, bonds, personal property and real property shall be sold in the same manner as
in execution sales in civil actions and the proceeds of such sale shall be used to satisfy all court
costs, prior encumbrances, if any, and from the balance a sufficient amount to satisfy the judgment
shall be paid into the treasury of the municipal corporation wherein the security was taken if the
offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury
of the county wherein the security was taken if the offense was defined by a statute of this state
and the judgment was entered by a justice court, or deposited in the General Fund available for
general governmental expenses if the offense was defined by a statute of this state and the judgment
was entered by a circuit court. The balance shall be returned to the owner. The real property sold
may be redeemed in the same manner as real estate may be redeemed after judicial or execution
sales in civil actions.
APPLICABILITY
SECTION 7. The amendments to ORS 132.270, 135.240 and 135.280 by sections 4 to 6 of this
2025 Act apply to criminal proceedings based on conduct occurring on or after the effective
date of this 2025 Act.
CAPTIONS
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SECTION 8. The unit captions used in this 2025 Act are provided only for the convenience
of the reader and do not become part of the statutory law of this state or express any leg-
islative intent in the enactment of this 2025 Act.
EFFECTIVE DATE
SECTION 9.This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
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