134.150; 1985 c.540 �35] ����� 135.757 Nolle prosequi; discontinuance by district attorney. The entry of a nolle prosequi is abolished, and the district attorney cannot discontinue or abandon a pr

134.150; 1985 c.540 �35]

����� 135.757 Nolle prosequi; discontinuance by district attorney. The entry of a nolle prosequi is abolished, and the district attorney cannot discontinue or abandon a prosecution for a crime, except as provided in ORS 135.755. [Formerly 134.160]

PROSECUTION OF PRISONERS

����� 135.760 Notice requesting early trial on pending charge. (1) Any adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124 (2) against whom there is pending at the time of commitment or against whom there is filed at any time during imprisonment, in any court of this state, an indictment, information or criminal complaint charging the adult in custody with the commission of a crime, may give written notice to the district attorney of the county in which the adult in custody is so charged requesting the district attorney to prosecute and bring the adult in custody to trial on the charge forthwith.

����� (2) The notice provided for in subsection (1) of this section shall be signed by the adult in custody and set forth the place and term of imprisonment. A copy of the notice shall be sent to the court in which the adult in custody has been charged by indictment, information or complaint. [Formerly 134.510; 1987 c.320 �19; 1995 c.423 �9b; 2019 c.213 �15]

����� 135.763 Trial within 90 days of notice unless continuance granted. (1) The district attorney, after receiving a notice requesting trial under ORS 135.760, shall, within 90 days of receipt of the notice, bring the adult in custody to trial upon the pending charge.

����� (2) The court shall grant any reasonable continuance with the consent of the defendant. Notwithstanding the defendant�s lack of consent, the court may grant a continuance on motion of the district attorney or on its own motion, for good cause shown. The fact of imprisonment is not good cause for the purposes of this subsection. [Formerly 134.520; 1993 c.542 �1; 2019 c.213 �16]

����� 135.765 Dismissal of criminal proceeding not brought to trial within allowed time; exceptions. (1) On motion of the defendant or the counsel of the defendant, or on its own motion, the court shall dismiss any criminal proceeding not brought to trial in accordance with ORS 135.763.

����� (2) This section shall not apply:

����� (a) When failure to bring the adult in custody to trial within 90 days after the district attorney receives notice under ORS 135.760 was the result of motions filed on behalf of the adult in custody, or of a grant by the court of a continuance on motion of the district attorney or on its own motion, for good cause shown; or

����� (b) When the adult in custody is unavailable for trial, other than by imprisonment, or because of other pending criminal proceedings against the adult in custody. [Formerly