Title 146 · ORS Chapter 146

within 15 days after the death.

Citation: ORS 113.235

Section: 113.235

113.235 within 15 days after the death.

����� (6) If a legally qualified personal representative, spouse, next of kin or estate administrator of the State Treasurer:

����� (a) Claims the money of the deceased, the county treasurer shall, subject to the provisions of subsection (4) of this section, deliver such money to the claimant.

����� (b) Within 30 days, claims the personal property of the deceased, the property shall be delivered to such claimant subject to the provisions of subsections (1) and (5) of this section.

����� (7) If money of the deceased is not claimed within seven years, the money is presumed abandoned as provided by ORS 98.302 to 98.436 and 98.992 and the board of county commissioners shall order the county treasurer to deliver and report the money to the State Treasurer as required by ORS 98.352. [1973 c.408 �20; 1977 c.582 �5; 2003 c.395 �19; 2017 c.151 �19; 2019 c.678 �55]

����� 146.130 [Amended by 1959 c.629 �36; repealed by 1965 c.221 �27]

(Inquest)

����� 146.135 Authority to order inquest. (1) The district attorney for the county where the death occurs may order an inquest to obtain a jury finding of the cause and manner of death in any case requiring investigation.

����� (2) For the purpose of conducting an inquest, the district attorney shall have the powers of a judicial officer as described by ORS 1.240 and 1.250.

����� (3) The district attorney shall advise the jury of inquest as to its duties and instruct the jury on questions of law.

����� (4) The district attorney shall cause a record of the inquest proceedings to be made which shall include the written order of inquest, a record of the testimony of witnesses and the written verdict of the jury.

����� (5) Within a reasonable time after the verdict is returned, the record of inquest shall be filed in the district medical examiner�s office for the county where the inquest was held.

����� (6) A copy of the order of inquest and verdict of the jury shall be filed in the Office of the Chief Medical Examiner.

����� (7) The record of inquest shall be available for inspection as provided by ORS 146.035 (5). [1973 c.408 �21; 1987 c.142 �3; 2017 c.151 �20]

����� 146.140 [Amended by 1959 c.629 �37; repealed by 1965 c.221 �27]

����� 146.145 Jury of inquest. (1) The district attorney shall order the inquest to be held at a specified time and place and as provided in ORS 10.810 and 10.820 shall summon a jury of inquest to inquire into the cause and manner of death.

����� (2) Upon receipt of a copy of the order of inquest, the sheriff shall select, as provided by law, not less than eight prospective members of the jury of inquest.

����� (3) The sheriff shall obtain a summons for each prospective juror selected and cause the summons to be served upon such juror.

����� (4) At the time and place of the inquest the sheriff shall report to the district attorney the names of all prospective jurors summoned.

����� (5) A prospective juror may be excused by the district attorney if the juror was related or closely associated with the deceased, was a witness to the death or shows good cause that the juror may be biased.

����� (6) From among the prospective jurors not excused, six members of the jury of inquest shall be drawn by lot. [1973 c.408 �22]

����� 146.150 [Amended by 1959 c.629 �38; repealed by 1965 c.221 �27]

����� 146.155 Inquest proceedings. (1) The six members of the jury of inquest shall be sworn by the district attorney to:

����� (a) Inquire into who the deceased person was, when and where the deceased person came to death, the cause of death and the manner of death.

����� (b) Give a true verdict thereof according to the evidence produced during the inquest.

����� (2) The district attorney shall subpoena as a witness any person who the district attorney believes has knowledge of facts relevant and material to the inquiry. The jury of inquest may request but may not require that other persons be subpoenaed.

����� (3) The district attorney shall examine each witness as to all facts which the district attorney deems relevant and material to the inquiry. After examination by the district attorney, the members of the jury may inquire of the witness provided that their examination is relevant and material.

����� (4) When the examination of witnesses is closed, the district attorney shall advise the jury as to their duty under law, and as to questions of law arising from the facts or posed by the jury.

����� (5) After having been advised of law, the jury shall retire to deliberate and to arrive at its verdict.

����� (6) The verdict shall be delivered to the district attorney. [1973 c.408 �23]

����� 146.160 [Amended by 1959 c.629 �39; repealed by 1965 c.221 �27]

����� 146.165 Verdict; findings; testimony and verdict of inquest as admissible evidence in subsequent proceedings. (1) The jury shall give its verdict in writing, signed by its members, setting forth its findings from the evidence produced:

����� (a) Who the deceased person was;

����� (b) When and where the deceased person came to death;

����� (c) The cause of death; and

����� (d) The manner of death.

����� (2) The verdict of a jury of inquest shall not preclude nor require a criminal charge by the grand jury or district attorney.

����� (3) The testimony of any witness before a jury of inquest shall not be admissible evidence in any civil or criminal proceeding except:

����� (a) A criminal trial in which the witness is charged with perjury or false swearing arising from the testimony given before the jury of inquest.

����� (b) A civil or criminal trial in which the testimony before the jury of inquest is offered as a prior inconsistent statement to impeach the same witness.

����� (4) The verdict of a jury of inquest shall not be admitted into evidence in any trial. [1973 c.408 �24]

����� 146.170 [Amended by 1955 c.161 �1; 1959 c.629 �40; repealed by 1965 c.221 �27]

IDENTIFICATION OF DEAD AND MISSING PERSONS

����� 146.171 Unidentified human remains; maintenance of records. (1) The Superintendent of State Police shall establish and maintain a file of records relating to unidentified human remains found within the state and of which the Oregon State Police are notified under ORS 146.174. The records shall be maintained in order to facilitate the identification of such remains.

����� (2) The Superintendent of State Police shall establish the file described under subsection (1) of this section after consultation with the Chief Medical Examiner to determine what areas of information generally shall be requested, obtained and preserved in the file. General areas of information determined under this section shall be for the purpose of developing file format and standard forms for collecting data to aid in identifying human remains. Information having potential value in identifying human remains shall not be excluded from a file because it does not fall within a general area of information determined under this section or is not required by federal authorities.

����� (3) In addition to any other file it maintains, the Department of State Police shall enter appropriate information relating to unidentified human remains into any file maintained by federal authorities to facilitate the identification of such remains. The department shall conform file entries under this subsection to the format prescribed by the authorities responsible for the federal file. [Formerly