135.860] ����� 135.375 Pleading to offenses in other counties. (1) As used in this section: ����� (a) �Initiating county� means the county in which the defendant appears for the purpose of enteri

135.860]

����� 135.375 Pleading to offenses in other counties. (1) As used in this section:

����� (a) �Initiating county� means the county in which the defendant appears for the purpose of entering a plea to a criminal charge.

����� (b) �Responding county� means a county in which another criminal charge is pending against the defendant entering a plea in the initiating county.

����� (2) Upon entry of a plea of guilty or no contest, or after conviction on a plea of not guilty, if a charge is pending against the defendant for a crime that is within the jurisdiction of a coordinate court of a responding county in the state, the defendant may state in writing that the defendant desires:

����� (a) To waive venue and trial in the responding county;

����� (b) To waive indictment by the grand jury of the responding county;

����� (c) To plead guilty or no contest; and

����� (d) To consent to disposition of the case by the court in the initiating county.

����� (3) Upon receipt of the request and the written approval of the district attorney of the initiating county, the clerk of the court of the initiating county shall notify the court and the district attorney of the responding county.

����� (4) Upon receipt of written approval from the district attorney of the responding county, the court of the initiating county may allow the defendant to enter the plea.

����� (5) The original judgment entered by the court of the initiating county after the defendant enters a plea under subsection (4) of this section is the same for all purposes as a judgment of the court of the responding county. [1973 c.836 �165; 1991 c.111 �11; 2017 c.252 �15]

����� 135.380 Time of entering plea; aid of counsel. (1) A defendant shall not be required to plead to an offense punishable by imprisonment until the defendant is represented by counsel, unless the defendant knowingly waives the right of the defendant to counsel.

����� (2) A defendant may plead guilty or no contest on the day of arraignment or any time thereafter except that a defendant without counsel shall not be allowed to plead guilty or no contest to a felony on the day of arraignment.

����� (3) Upon completion of the arraignment, unless the defendant enters a plea in the manner provided in ORS 135.305 to 135.325, 135.335, 135.355, 135.360 and 135.375, the defendant shall be considered to have entered a plea of not guilty. [1973 c.836 �166; 2001 c.635 �13]

����� 135.385 Defendant to be advised by court; inquiry into immigration status prohibited. (1) The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of the charge.

����� (2) The court shall inform the defendant:

����� (a) That by a plea of guilty or no contest the defendant waives the right:

����� (A) To trial by jury;

����� (B) Of confrontation; and

����� (C) Against self-incrimination.

����� (b) Of the maximum possible sentence on the charge, including the maximum possible sentence from consecutive sentences.

����� (c) When the offense charged is one for which a different or additional penalty is authorized by reason of the fact that the defendant may be adjudged a dangerous offender, that this fact may be established after a plea in the present action, thereby subjecting the defendant to different or additional penalty.

����� (d) That if the defendant is not a citizen of the United States conviction of a crime may result, under the laws of the United States, in removal proceedings, deportation, exclusion from admission to the United States or denial of naturalization.

����� (e) That if the defendant is entering a guilty plea pursuant to a plea offer and agreed disposition recommendation under ORS 135.405, the court will agree to impose sentence as provided in the agreed disposition recommendation.

����� (f) That if the defendant enters a plea of guilty or no contest to an offense involving domestic violence, as defined in ORS 135.230, and is convicted of the offense, federal law may prohibit the defendant from possessing, receiving, shipping or transporting any firearm or firearm ammunition and that the conviction may negatively affect the defendant�s ability to serve in the Armed Forces of the United States as defined in ORS 366.931 or to be employed in law enforcement.

����� (3) At the time of the plea, including while informing the defendant under subsection (2)(d) of this section, the court may not inquire into the defendant�s immigration status or require the defendant to disclose the defendant�s immigration status.

����� (4) After informing the defendant under subsection (2)(d) of this section, upon the defendant�s request, the court shall allow the defendant additional time to consider the decision to enter a plea of guilty or no contest. [1973 c.836 �167; 1979 c.118 �1; 2001 c.635 �12; 2007 c.220 �1; 2019 c.384 �13; 2019 c.437 �1]

����� 135.390 Determining voluntariness of plea; nature of plea agreement. (1) The court shall not accept a plea of guilty or no contest without first determining that the plea is voluntary and intelligently made.

����� (2) The court shall determine whether the plea is the result of prior plea discussions and a plea agreement. If the plea is the result of a plea agreement, the court shall determine the nature of the agreement.

����� (3) If the plea agreement includes an agreement that the district attorney will seek or not oppose dismissal of a charge in exchange for the defendant�s plea of guilty or no contest to another charge, the court may not accept the plea of guilty or no contest unless:

����� (a) The agreement includes a written provision that indicates whether the court is required to reinstate charges that are dismissed pursuant to the agreement if the plea of guilty or no contest is withdrawn under ORS 135.365 or the judgment of conviction is subsequently reversed, vacated or set aside; and

����� (b) If the agreement requires the court to reinstate charges under the circumstances described in paragraph (a) of this subsection, the defendant has provided the court with a written waiver of the statute of limitations and any statutory or constitutional speedy trial or double jeopardy rights, applicable to the dismissed charges.

����� (4) If the district attorney has agreed to seek charge or sentence concessions which must be approved by the court, the court shall advise the defendant personally that the recommendations of the district attorney are not binding on the court.

����� (5)(a) If the district attorney has provided a plea offer and agreed disposition recommendation to the defendant as provided in ORS 135.405 and the defendant is entering a guilty plea based on the plea offer and agreed disposition recommendation, the court shall determine whether the plea is voluntarily made. Except as otherwise provided in paragraph (b) of this subsection, if the court finds that the plea is voluntarily made, the court shall impose sentence as provided in the agreed disposition recommendation.

����� (b) If the court determines that the agreed disposition recommendation is inappropriate in a particular case, the court shall so advise the parties and allow the defendant an opportunity to withdraw the plea. [1973 c.836 �168; 2001 c.635 �11; 2009 c.356 �1]

����� 135.395 Determining accuracy of plea. After accepting a plea of guilty or no contest, the court shall not enter a judgment without making such inquiry as may satisfy the court that there is a factual basis for the plea. [1973 c.836 �169]

(Plea Discussions and Agreements)

����� 135.405 Plea discussions and plea agreements. (1) In cases in which it appears that the interest of the public in the effective administration of criminal justice would thereby be served, and in accordance with the criteria set forth in ORS 135.415 and the prohibitions set forth in ORS 135.418, the district attorney may engage in plea discussions for the purpose of reaching a plea agreement.

����� (2) The district attorney shall engage in plea discussions or reach a plea agreement with the defendant only through defense counsel, except when, as a matter of record, the defendant has effectively waived the right of the defendant to counsel or, if the defendant is not eligible for appointed counsel, has not retained counsel.

����� (3) The district attorney in reaching a plea agreement may agree to, but is not limited to, one or more of the following, as required by the circumstances of the individual case:

����� (a) To make or not to oppose favorable recommendations as to the sentence which should be imposed if the defendant enters a plea of guilty or no contest to the offense charged;

����� (b) To seek or not to oppose dismissal of the offense charged if the defendant enters a plea of guilty or no contest to another offense reasonably related to the defendant�s conduct; or

����� (c) To seek or not to oppose dismissal of other charges or to refrain from bringing potential charges if the defendant enters a plea of guilty or no contest to the offense charged.

����� (4) Similarly situated defendants should be afforded equal plea agreement opportunities.

����� (5)(a) A district attorney may provide a plea offer and agreed disposition recommendation to the defendant at the time of arraignment or first appearance of the defendant for a crime in open court under an early disposition program established under ORS 135.941.

����� (b) Unless extended by the court, a plea offer and agreed disposition recommendation made under paragraph (a) of this subsection expire upon completion of the arraignment. Except for good cause, a court may not extend a plea offer and agreed disposition recommendation under this paragraph for more than seven days for a misdemeanor or 21 days for a felony. [1973 c.836 �170; 2001 c.635 �10; 2001 c.962 �79; 2013 c.525 �2; 2017 c.650 �8; 2018 c.37 �5]

����� 135.406 [1997 c.313 �3; repealed by 2009 c.178 �35]

����� 135.407 Plea agreement must contain defendant�s criminal history classification; stipulations. In cases arising from felonies committed on or after November 1, 1989:

����� (1) Whenever a plea agreement is presented to the sentencing judge, the defendant�s criminal history classification, as set forth in the rules of the Oregon Criminal Justice Commission, shall be accurately represented to the trial judge in the plea agreement. If a controversy exists as to whether a prior conviction or juvenile adjudication should be included in the defendant�s criminal history, or as to its classification under rules of the Oregon Criminal Justice Commission, the district attorney and the defendant may stipulate to the inclusion, exclusion or classification of the conviction or adjudication as part of the plea agreement subject to approval of the court.

����� (2) The district attorney and the defendant may stipulate to the grid block classification within the sentencing guidelines grid established by the rules of the Oregon Criminal Justice Commission that will provide the presumptive sentence range for the offender. The sentencing judge may accept the stipulated classification and impose the presumptive sentence provided in the rules of the Oregon Criminal Justice Commission for that grid block.

����� (3) If the district attorney and the defendant stipulate to a grid block classification within the sentencing guidelines grid, and the sentencing judge accepts the stipulated classification but imposes a sentence other than the presumptive sentence provided by rules of the Oregon Criminal Justice Commission, the sentence is a departure sentence and is subject to rules of the Oregon Criminal Justice Commission related to departures.

����� (4) The district attorney and defendant may stipulate to a specific sentence within the presumptive range provided by rules of the Oregon Criminal Justice Commission for the stipulated offender classification. If the sentencing judge accepts the plea agreement, the judge shall impose the stipulated sentence.

����� (5) The district attorney and the defendant may stipulate to a sentence outside the presumptive sentence range for a stipulated grid block classification. The sentencing judge may accept an agreement for an optional probationary sentence or a departure sentence as provided in rules of the Oregon Criminal Justice Commission. [1989 c.790 �2]

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

����� 135.415 Criteria to be considered in plea discussions and plea agreements. In determining whether to engage in plea discussions for the purpose of reaching a plea agreement, the district attorney may take into account, but is not limited to, any of the following considerations:

����� (1) The defendant by the plea of the defendant has aided in insuring the prompt and certain applications of correctional measures to the defendant.

����� (2) The defendant has acknowledged guilt and shown a willingness to assume responsibility for the conduct of the defendant.

����� (3) The concessions made by the state will make possible alternative correctional measures which are better adapted to achieving rehabilitative, protective, deterrent or other purposes of correctional treatment, or will prevent undue harm to the defendant from the form of conviction.

����� (4) The defendant has made public trial unnecessary when there are good reasons for not having the case dealt with in a public trial.

����� (5) The defendant has given or offered cooperation when the cooperation has resulted or may result in the successful prosecution of other offenders engaged in equally serious or more serious criminal conduct.

����� (6) The defendant by the plea of the defendant has aided in avoiding delay in the disposition of other cases and thereby has increased the probability of prompt and certain application of correctional measures to other offenders. [1973 c.836 �171]

����� 135.418 Prohibited plea agreement provisions. (1) A prosecuting attorney may not condition a defendant�s plea offer on:

����� (a) The defendant�s waiver of:

����� (A) The disclosure obligation of ORS 135.815 (1)(g).

����� (B) The ability to receive the audio recording of grand jury proceedings as permitted under ORS