Title 132 · ORS Chapter 132

132.370, the grand jury shall issue no report other than a report of an inquiry made under this section. [Amended by 1973 c.836 �55; 1985 c.565 �11; 1997 c.249 �44] SUFFICIENCY OF INDICTMENT �

Citation: ORS 132.370

Section: 132.370

132.370, the grand jury shall issue no report other than a report of an inquiry made under this section. [Amended by 1973 c.836 �55; 1985 c.565 �11; 1997 c.249 �44]

SUFFICIENCY OF INDICTMENT

�� 132.510 Forms of pleadings. The forms of pleading, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by the statutes relating to criminal procedure. [Amended by 1973 c.836 �56]

�� 132.520 [Repealed by 1973 c.836 �358]

�� 132.530 [Repealed by 1973 c.836 �358]

�� 132.540 Sufficiency of indictment; previous convictions; use of statutory language; when name of victim not required. (1) The indictment is sufficient if it can be understood therefrom that:

�� (a) The defendant is named, or if the name of the defendant cannot be discovered, that the defendant is described by a fictitious name, with the statement that the real name of the defendant is to the jury unknown.

�� (b) The crime was committed within the jurisdiction of the court, except where, as provided by law, the act, though done without the county in which the court is held, is triable therein.

�� (c) The crime was committed at some time prior to the finding of the indictment and within the time limited by law for the commencement of an action therefor.

�� (2) Except as provided in ORS 136.765 (1) and subsection (3) of this section, the indictment may not contain allegations that the defendant has previously been convicted of the violation of any statute that may subject the defendant to enhanced penalties.

�� (3) The indictment must allege that the defendant has previously been convicted of an offense when the previous conviction constitutes a material element of the charged offense.

�� (4) Words used in a statute to define a crime need not be strictly pursued in the indictment, but other words conveying the same meaning may be used.

�� (5)(a) An indictment may include a pseudonym, initials or another signifier instead of the name of a victim if:

�� (A) At least one of the crimes alleged to have been committed against the victim in the indictment is a sex crime as defined in ORS 163A.005;

�� (B) A separate document containing the name of the victim and the corresponding pseudonym, initials or other signifier is filed with the clerk of the court at the same time as the indictment is filed; and

�� (C) A copy of the document described in subparagraph (B) of this paragraph is provided to the defense attorney or, if the defendant does not have a lawyer, in accordance with paragraph (c) of this subsection, at the time of arraignment on the indictment.

�� (b) The defense attorney may orally inform the defendant of the name of the victim contained in the document described in paragraph (a)(B) of this subsection but may not provide a copy of the document to the defendant.

�� (c) If a defendant is not represented by a lawyer, the district attorney shall provide a copy of the document described in paragraph (a)(B) of this subsection to the defendant. At the time of providing the document, the court shall enter an order prohibiting the defendant from copying the document or providing the document to any other person.

�� (d) The document described in paragraph (a)(B) of this subsection is confidential with respect to any person who is not a party to the case. At any time during the proceeding the court may, upon a finding of good cause, order that the document is not confidential. Once the final judgment on the case is entered, the document is no longer confidential. [Amended by 1957 c.657 �1; 1973 c.836 �57; 2009 c.180 �1; 2019 c.338 �1]

�� 132.550 Contents of indictment. The indictment shall contain substantially the following:

�� (1) The name of the circuit court in which it is filed;

�� (2) The title of the action;

�� (3) A statement that the grand jury accuses the defendant or defendants of the designated offense or offenses;

�� (4) A separate accusation or count addressed to each offense charged, if there be more than one;

�� (5) A statement in each count that the offense charged therein was committed in a designated county;

�� (6) A statement in each count that the offense charged therein was committed on, or on or about, a designated date, or during a designated period of time;

�� (7) A statement of the acts constituting the offense in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended;

�� (8) The dates of all grand jury proceedings related to the offense or offenses charged;

�� (9) The signatures of the foreman and of the district attorney; and

�� (10) The date the indictment is filed with the clerk of the court. [Amended by 1973 c.836 �58; 2007 c.71 �32; 2017 c.650 �7]

�� 132.557 Indictment must contain subcategory facts under certain circumstances. (1) When a person is charged with a crime committed on or after November 1, 1989, that includes subcategories under the rules of the Oregon Criminal Justice Commission, the state is required to plead specially in the indictment, in addition to the elements of the crime, any subcategory fact on which the state intends to rely to enhance the crime for sentencing purposes. The state shall plead the elements and subcategory facts in a single count. Nothing in this subsection precludes the pleading of alternative theories.

�� (2) The state must prove each subcategory fact beyond a reasonable doubt and the jury shall return a special verdict of �yes� or �no� on each subcategory fact submitted. [1995 c.520 �6]

�� Note: 132.557 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 132 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 132.560 Joinder of counts and charges; consolidation of charging instruments. (1) A charging instrument must charge but one offense, and in one form only, except that:

�� (a) Where the offense may be committed by the use of different means, the charging instrument may allege the means in the alternative.

�� (b) Two or more offenses may be charged in the same charging instrument in a separate count for each offense if the offenses charged are alleged to have been committed by the same person or persons and are:

�� (A) Of the same or similar character;

�� (B) Based on the same act or transaction; or

�� (C) Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

�� (2) If two or more charging instruments are found in circumstances described in subsection (1)(b) of this section, the court may order them to be consolidated.

�� (3) If it appears, upon motion, that the state or defendant is substantially prejudiced by a joinder of offenses under subsection (1) or (2) of this section, the court may order an election or separate trials of counts or provide whatever other relief justice requires.

�� (4) As used in this section, �charging instrument� means any written instrument sufficient under the law to charge a person with an offense, and shall include, but not be limited to, grand jury indictments, informations, complaints and uniform traffic, game or boating complaints. [Amended by 1989 c.842 �1; 1993 c.278 �1; 1999 c.1040 �17]

�� 132.570 [Renumbered 135.713]

�� 132.580 Names of grand jury witnesses required on indictment; exception; effect of failure to include; procedure to remedy failure. (1) Except as provided in subsection (2) of this section, when an indictment is found, the names of the witnesses examined before the grand jury that returned the indictment, either by testimony in the presence of the grand jury, by affidavit, by means of simultaneous television transmission under ORS 132.320 (5) or by telephone under ORS 132.320 (7), and the names of those whose reports were received by such grand jury pursuant to ORS 132.320 (2) must be inserted at the foot of the indictment, or indorsed thereon, before it is filed. The indorsement shall show whether the witness gave testimony before the grand jury in person, by affidavit, by means of simultaneous television transmission or by telephone or filed a report.

�� (2)(a) An indictment may include a pseudonym, initials or other signifier instead of the name of a witness examined before the grand jury if:

�� (A) The witness is also a victim of a sex crime as defined in ORS 163A.005 alleged in the indictment;

�� (B) A separate document containing the name of the witness and the corresponding pseudonym, initials or other signifier is filed with the clerk of the court at the same time as the indictment is filed; and

�� (b) The defense attorney may orally inform the defendant of the name of the witness contained in the document described in paragraph (a)(B) of this subsection but may not provide a copy of the document to the defendant.

�� (3) A witness examined before the grand jury whose name is not indorsed on the indictment shall not be permitted to testify at trial without the consent of the defendant, unless the court finds that:

�� (a) The name of the witness was omitted from the indictment by inadvertence;

�� (b) The name of the witness was furnished to the defendant by the state at least 10 days before trial; and

�� (c) The defendant will not be prejudiced by the omission. [Amended by 1973 c.836 �59; 1995 c.126 �2; 2003 c.645 �8; 2019 c.338 �2]

�� 132.585 [Repealed by 1959 c.426 �1]

ACCUSATORY INSTRUMENTS

�� 132.586 Pleading domestic violence in accusatory instrument. (1) As used in this section, �domestic violence� has the meaning given that term in ORS 135.230.

�� (2) When a crime involves domestic violence, the accusatory instrument may plead, and the prosecution may prove at trial, domestic violence as an element of the crime. When a crime is so pleaded, the words �constituting domestic violence� may be added to the title of the crime. [2003 c.319 �1]

�� 132.590 [Renumbered 135.715]

�� 132.610 [Renumbered 135.717]

�� 132.620 [Renumbered 135.720]

�� 132.630 [Renumbered 135.725]

�� 132.640 [Renumbered 135.727]

�� 132.650 [Repealed by 1973 c.836 �358]

�� 132.660 [Renumbered 135.730]

�� 132.670 [Amended by 1971 c.743 �319; renumbered 135.733]

�� 132.680 [Renumbered 135.735]

�� 132.690 [Amended by 1971 c.743 �320; renumbered 135.737]

�� 132.710 [Renumbered 135.740]

�� 132.720 [Renumbered 135.743]

PENALTIES

�� 132.990 Premature inspection or disclosure of contents of indictment. Violation of ORS 132.420 or the prohibitions of ORS 132.410 is punishable as contempt.

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