131A.005. [2015 c.493 �2] ����� 135.280 Arrest warrant; forfeiture. (1) Upon failure of a person to comply with any condition of a release agreement or personal recognizance, the court having juri

131A.005. [2015 c.493 �2]

����� 135.280 Arrest warrant; forfeiture. (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, conditional or security release.

����� (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 ordered 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 under 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:

����� (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 section 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 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 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. [1973 c.836 �155; 1981 s.s. c.3 �113; 1983 c.763 �45; 1987 c.710 �1; 1987 c.905 �15; 1995 c.658 �74; 1997 c.801 �64; 1999 c.1051 �250; 2001 c.705 �2; 2001 c.829 �10b; 2003 c.576 �161; 2005 c.700 �5; 2011 c.597 �41]

����� 135.285 Modification of release decision. If circumstances concerning the defendant�s release change, the court, on its own motion or upon request by the district attorney or defendant, may modify the release agreement or the security release. [1973 c.836 �156; 1995 c.658 �75; 2013 c.151 �3]

����� 135.290 Punishment by contempt of court. (1) A supervisor of a defendant on conditional release who knowingly aids the defendant in breach of the conditional release or who knowingly fails to report the defendant�s breach is punishable by contempt.

����� (2) A defendant may be punished by contempt if the defendant knowingly:

����� (a) Breaches any of the regulations in the release agreement imposed pursuant to ORS 135.260; or

����� (b) Violates an order entered under ORS 135.247. [1973 c.836 �157; 2011 c.232 �2]

����� 135.295 Application of ORS 135.230 to 135.290 to certain traffic offenses. Provision for release contained in ORS 135.230 to 135.290 shall not apply to any traffic offenses as defined for the Oregon Vehicle Code except the following:

����� (1) Reckless driving under ORS 811.140.

����� (2) Driving while under the influence of intoxicants under ORS 813.010.

����� (3) Failure to perform the duties of a driver under ORS 811.700 or 811.705.

����� (4) Criminal driving while suspended or revoked under ORS 811.182.

����� (5) Fleeing or attempting to elude a police officer under ORS 811.540. [1974 c.35 �1; 1981 c.818 �3; 1983 c.338 �888; 1987 c.730 �5; 1991 c.208 �3]

����� Note: Sections 1 and 2, chapter 61, Oregon Laws 2025, provide:

����� Sec. 1. Pretrial release study. (1) The Oregon Criminal Justice Commission shall study pretrial release practices and outcomes in Oregon.

����� (2) When performing the study described in subsection (1) of this section, the commission shall examine the following:

����� (a) Aggregate data related to the pretrial phase of criminal proceedings;

����� (b) Data regarding failures to appear for court hearings;

����� (c) Demographic data of the pretrial release populations; and

����� (d) Other data the commission deems relevant to pretrial proceedings, processes, practices and outcomes.

����� (3) The commission shall submit a report detailing the results of the study to the interim committees of the Legislative Assembly related to the judiciary in the manner provided under ORS 192.245 no later than May 1, 2027. The report shall contain data aggregated at both the statewide and countywide level for each subject described in subsection (2) of this section.

����� (4) The Judicial Department shall assist the commission in the performance of the study and, to the extent permitted by laws related to confidentiality, shall provide to the commission any information the commission considers necessary to perform the study.

����� (5) Data reported pursuant to this section may only be used for statistical purposes and not for any other purpose, and the data reports may not contain information that reveals the identity of any individual. Data collected by government agencies or held by the commission pursuant to this section that may reveal the identity of any individual is exempt from public disclosure in any manner. [2025 c.61 �1]

����� Sec. 2. Section 1 of this 2025 Act is repealed on January 2, 2028. [2025 c.61 �2]

PLEADINGS

(Defendant�s Answer Generally)

����� 135.305 Types of answer. If the defendant does not require time, as provided in ORS 135.380, or if the defendant does, then on the next day or at such further day as the court may have allowed the defendant, the defendant may, in answer to the arraignment, move against the accusatory instrument or demur or plead thereto. [Formerly