Title 132 · ORS Chapter 132

132.260, may receive in evidence, through the testimony of a peace officer involved in the criminal investigation under grand jury inquiry, the statement of: ����� (a) A person who cannot readily und

Citation: ORS 132.260

Section: 132.260

132.260, may receive in evidence, through the testimony of a peace officer involved in the criminal investigation under grand jury inquiry, the statement of:

����� (a) A person who cannot readily understand the proceedings, or who cannot communicate in the proceedings, because of a physical disability or developmental disability; or

����� (b) A victim under 18 years of age at the time of the proceedings. [Amended by 1973 c.836 �46; 1975 c.576 �1; 1983 c.393 �25; 1995 c.126 �1; 1995 c.781 �38; 1997 c.249 �43; 1999 c.1049 �6; 2001 c.19 �1; 2003 c.645 �3; 2005 c.529 �1; 2009 c.361 �1; 2013 c.219 �55; 2015 c.586 �1; 2017 c.650 ��5,13]

����� 132.330 Submission of indictment by district attorney. The district attorney may submit an indictment to the grand jury in any case when the district attorney has good reason to believe that a crime has been committed which is triable within the county. [Amended by 1973 c.836 �47]

����� 132.340 Duties of district attorney for jury. The district attorney, when required by the grand jury, must prepare indictments or presentments for it and attend its sittings to advise it in relation to its duties or to examine witnesses in its presence.

����� 132.350 Juror�s knowledge of an offense; action thereon. (1) If a grand juror knows or has reason to believe that a crime which is triable in the county has been committed, the grand juror shall disclose the same to the fellow jurors, who may thereupon investigate the same.

����� (2) An indictment or presentment must not be found upon the statement of a grand juror unless the grand juror is sworn and examined as a witness.

����� (3) A grand juror testifying as provided in subsection (2) of this section shall not vote on the indictment nor be present during deliberations thereon. [Amended by 1973 c.836 �48]

����� 132.360 Number of jurors required to concur. A grand jury may indict or present facts to the court for instruction as provided in ORS 132.370, with the concurrence of five of its members, if at least five jurors voting for indictment or presentment heard all the testimony relating to the person indicted or facts presented. [Amended by 1973 c.836 �49]

����� 132.370 Presentment of facts to court for instruction as to law. (1) When the grand jury is in doubt whether the facts, as shown by the evidence before it, constitute a crime in law or whether the same has ceased to be punishable by reason of lapse of time or a former acquittal or conviction, it may make a presentment of the facts to the court, without mentioning the names of individuals, and ask the court for instructions concerning the law arising thereon.

����� (2) A presentment cannot be found and made to the court except as provided in subsection (1) of this section, and, when so found and presented, the court shall give such instructions to the grand jury concerning the law of the case as it thinks proper and necessary.

����� (3) A presentment is made to the court by the foreman in the presence of the grand jury. But being a mere formal statement of facts for the purpose of obtaining the advice of the court as to the law arising thereon, it is not to be filed in court or preserved beyond the sitting of the grand jury.

����� 132.380 Whom the grand jury may indict. The grand jury may indict a person for a crime when it believes the person guilty thereof, whether such person has been held to answer for such crime or not. [Amended by 1973 c.836 �50]

����� 132.390 When the grand jury may indict. The grand jury may find an indictment when all the evidence before it, taken together, is such as in its judgment would, if unexplained or uncontradicted, warrant a conviction by the trial jury. [Amended by 1973 c.836 �51]

����� 132.400 Indorsement of indictment as �a true bill.� An indictment, when found, shall be indorsed �a true bill,� and such indorsement signed by the foreman of the jury.

����� 132.410 Finding of indictment; filing; inspection. An indictment, when found and indorsed, as provided in ORS 132.400 and 132.580, shall be filed with the clerk of the court, in whose office it shall remain as a public record. Upon being designated by the district attorney as confidential and until after the arrest of a defendant who has not been held to answer the charge, the indictment or any order or process in relation thereto shall not be inspected by any person other than the judge, the clerk of the court, the district attorney or a peace officer in the discharge of a duty concerning the indictment, order or process. [Amended by 1973 c.836 �52; 1999 c.967 �2]

����� 132.420 Disclosure relative to indictment not subject to inspection. No grand juror, reporter or other person except the district attorney or a peace officer in the exercise of duties in effecting an arrest shall disclose any fact concerning any indictment while it is not subject to public inspection. [Amended by 1973 c.836 �53]

����� 132.430 Finding against indictment; indorsement �not a true bill.� (1) When a person has been held to answer a criminal charge and the indictment in relation thereto is not found �a true bill,� the indictment must be indorsed �not a true bill,� which indorsement must be signed by the foreman and filed with the clerk of the court, in whose office it shall remain a public record. In the case of an indictment not found �a true bill� against a person who has not been held to answer a criminal charge, the indictment must be destroyed by the grand jury.

����� (2) When an indictment indorsed �not a true bill� has been filed with the clerk of the court, the effect is to dismiss the charge, and the charge cannot be again submitted to or inquired of by the grand jury unless the court so orders. [Amended by 1973 c.836 �54; 2017 c.650 �6]

(Other Inquiries)

����� 132.440 Inquiry into conditions in correctional and youth correction facilities. (1) At least once yearly, a grand jury shall inquire into the condition and management of every correctional facility and youth correction facility as defined in ORS 162.135 in the county.

����� (2) The grand jury is entitled to free access at all reasonable times to such correctional facilities and juvenile facilities, and, without charge, to all public records in the county pertaining thereto.

����� (3) Other than indictments presented under ORS 132.310 or presentments presented under ORS