136.295, a defendant shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest unless the trial is continued with the express consent of

136.295, a defendant shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest unless the trial is continued with the express consent of the defendant. Absent the consent of the defendant or an extension under ORS 136.295, the court shall order that the trial of the defendant commence within 60 days after arrest if the state is prepared to proceed to trial.

����� (2) If a trial is not commenced within the period required by subsection (1) of this section, the court shall release the defendant on the own recognizance of the defendant, or in the custody of a third party, or upon whatever additional reasonable terms and conditions the court deems just as provided in ORS 135.230 to 135.290. [1971 c.323 ��3,4; 1973 c.836 �235; 1999 c.923 �1; amendments by 1999 c.923 �3 repealed by 2001 c.870 �19]

����� 136.295 Application of ORS 136.290; when extensions granted. (1) ORS 136.290 does not apply to persons charged with crimes that are not releasable offenses under ORS 135.240 or to persons charged with conspiracy to commit murder, or charged with attempted murder, or to prisoners serving sentences resulting from prior convictions.

����� (2)(a) If the defendant is extradited from another jurisdiction, the 60-day period shall not commence until the defendant enters the State of Oregon, provided that law enforcement authorities from the other jurisdiction and this state have conducted the extradition with all practicable speed. The original 60-day period shall not be extended more than an additional 60 days, except where delay has been caused by the defendant in opposing the extradition.

����� (b) For purposes of this subsection, an extradition is presumed to have been conducted with all practicable speed if it has been conducted within 90 days after the date the defendant has been delivered to an agent of this state.

����� (3) Any reasonable delay resulting from examination or hearing regarding the defendant�s mental condition or competency to stand trial, or resulting from other motion or appeal by the defendant, shall not be included in the 60-day period.

����� (4)(a) If a victim or witness to the crime in question is unable to testify within the original 60-day period because of injuries received at the time the alleged crime was committed or upon a showing of good cause, the court may order an extension of custody and postponement of the date of the trial of not more than 60 additional days. The court, for the same reason, may order a second extension of custody and postponement of the date of the trial of not more than 60 days, but in no event shall the defendant be held in custody before trial for more than a total of 180 days. A court may grant an extension based upon good cause as described in paragraph (b)(C), (D) or (E) of this subsection only if requested by the defendant or defense counsel or by the court on its own motion.

����� (b) As used in this subsection, �good cause� means situations in which:

����� (A) The court failed to comply with ORS 136.145 and the victim is unable to attend the trial;

����� (B) The victim or an essential witness for either the state or the defense is unable to testify at the trial because of circumstances beyond the control of the victim or witness;

����� (C) The attorney for the defendant cannot reasonably be expected to try the case within the 60-day period;

����� (D) The attorney for the defendant has recently been appointed and cannot be ready to try the case within the 60-day period;

����� (E) The attorney for the defendant is unable to try the case within the 60-day period because of conflicting schedules;

����� (F) Scientific evidence is necessary and because of the complexity of the procedures it would be unreasonable to have the procedures completed within the 60-day period;

����� (G) The defendant has filed notice under ORS 161.309 of the defendant�s intention to rely upon a defense of insanity, partial responsibility or diminished capacity;

����� (H) The defendant has filed any notice of an affirmative defense within the last 20 days of the 60-day period;

����� (I) A claim under ORS 147.515, or a motion under ORS 147.522, relating to victims� rights is pending, the court has considered the factors described in ORS 147.525 and the court has determined that the trial date should be rescheduled subject to the time limit provided in ORS 147.525; or

����� (J) The defendant has received discovery of digital video evidence from a video camera worn upon a law enforcement officer�s person and, though discovery has occurred in a reasonably timely manner, editing of the digital video evidence is necessary.

����� (5) Any period following defendant�s arrest in which the defendant is not actually in custody shall not be included in the 60-day computation. [1971 c.323 �5; 1973 c.836 �236; 1999 c.923 �2; amendments by 1999 c.923 �4 repealed by 2001 c.870 �19; 2003 c.127 �3; 2009 c.178 �34; 2009 c.357 �1; 2015 c.550 �4]

����� 136.300 Time limit on appeals to circuit court. A defendant who is in custody pending an appeal to circuit court from a judgment of a municipal court or justice court shall have the appeal of the defendant heard not more than 60 days after the defendant gives notice of appeal. [1971 c.323 �6; 1977 c.290 �3]

CONDUCT OF TRIAL

����� 136.310 Function of court; effect of judicial notice of a fact. All questions of law, including the admissibility of testimony, the facts preliminary to such admission and the construction of statutes and other writings and other rules of evidence shall be decided by the court. All discussions of law shall be addressed to it. Whenever the knowledge of the court is by statute made evidence of a fact, the court shall declare such knowledge to the jury, which is bound to accept it as conclusive, except as provided in ORS 40.085. [Amended by 1983 c.433 �4]

����� 136.320 Function of jury; jury to receive law as laid down by court. Although the jury may find a general verdict, which includes questions of law as well as fact, it is bound, nevertheless, to receive as law what is laid down as such by the court; but all questions of fact, other than those mentioned in ORS 136.310, shall be decided by the jury, and all evidence thereon addressed to it.

����� 136.325 Jury not to be informed of and not to consider punishment that may be imposed. Except as required in ORS 161.313 and 163.150, the jury in a criminal proceeding may not be informed of, and may not consider, any punishment that the court may impose if the defendant is convicted of the charge. [1997 c.852 �10]

����� Note: 136.325 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 136.330 Trial procedure; polling jurors in writing. (1) ORS 10.100 and ORCP 58 B, C and D and 59 B through F and G(1), (3), (4) and (5), apply to and regulate the conduct of the trial of criminal actions. The jury in a criminal action may, in the discretion of the court, be polled in writing. If the jury is polled in writing, the written results shall be sealed and placed in the court record.

����� (2) ORCP 59 H applies to and regulates exceptions in criminal actions. [Amended by 1959 c.558 �31; 1979 c.284 �113; 1985 c.703 �27]

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

����� 136.345 When attendance of woman officer is required. Whenever any woman or girl is interrogated with reference to the commission of any sexual crime, is accused of or charged with the commission of any sexual crime before any committing magistrate and is taken into custody therefor, or is called as a witness at a hearing before a committing magistrate with reference to any such class of crimes, and whether such crime has been committed by her or by some other person, she shall only be orally examined by or in the presence of a woman officer, appointed as provided in ORS 136.347. [Formerly 133.770]

����� 136.347 Appointment, duties and compensation of woman officer. The court or officer before whom any female person mentioned in ORS 136.345 is interrogated, taken into custody or called as a witness, shall appoint some suitable female person who shall conduct or be present at the examination of such accused person or witness or receive or be present at the receiving or making of any confession or statement which such accused person or witness desires to make. The compensation of any such person, when so appointed, shall be paid out of the general funds of the county wherein such proceeding is had by the county treasurer of the county, upon vouchers signed by the judge of the court or the officer making such appointment, which vouchers shall certify the nature and extent of the services performed and the amount of compensation due the person in whose favor the same is drawn. [Formerly 133.780]

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

����� 136.360 [Repealed by 1961 c.288 �2]

����� 136.370 [Repealed by 1961 c.288 �2]

����� 136.380 [Repealed by 1961 c.288 �2]

����� 136.390 [Amended by 1957 c.380 �1; repealed by 1971 c.743 �432]

����� 136.400 [Repealed by 1971 c.743 �432]

����� 136.410 [Repealed by 1971 c.743 �432]

EVIDENCE

����� 136.415 Presumption of innocence; acquittal in case of reasonable doubt. A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted. [Formerly 136.520]

����� 136.420 Testimony to be given orally in court; exceptions. In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except:

����� (1) In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as provided in ORS 136.080 to 136.100; or

����� (2) As provided in ORS 131.045. [Formerly 136.530; 2009 c.219 �1]

����� 136.425 Confessions and admissions; corroboration; defendant�s conduct in relation to declaration or act of another. (1) A confession or admission of a defendant, whether in the course of judicial proceedings or otherwise, cannot be given in evidence against the defendant when it was made under the influence of fear produced by threats.

����� (2) Except as provided in ORS 136.427, a confession alone is not sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.

����� (3) Evidence of a defendant�s conduct in relation to a declaration or act of another, in the presence and within the observation of the defendant, cannot be given when the defendant�s conduct occurred while the defendant was in the custody of a peace officer unless the defendant�s conduct affirmatively indicated the belief of the defendant in the truth of the matter stated or implied in the declaration or act of the other person. [Formerly 136.540; 2009 c.875 �1]

����� 136.427 Confessions; corroboration not required; notice; hearing. (1) A confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed if:

����� (a) The state files notice in accordance with subsection (3) of this section;

����� (b) The defendant is charged with a crime listed in ORS 163A.005;

����� (c) The victim of the crime is a vulnerable person;

����� (d) The victim is incompetent to testify under ORS 40.310;

����� (e) The confession is made to a peace officer or a federal officer, as those terms are defined in ORS 133.005, or to an individual conducting an investigation under ORS 430.745, while the officer or individual is acting in the course of official duty; and

����� (f) The court finds that there is sufficient evidence to establish the trustworthiness of the confession.

����� (2) In making the determination described in subsection (1)(f) of this section, the court shall consider the following factors, in addition to other factors the court considers important:

����� (a) Whether there is evidence demonstrating the truthfulness of portions of the confession;

����� (b) Whether the defendant had the opportunity to commit the crime;

����� (c) The method of interrogation used to solicit the confession; and

����� (d) Whether the defendant is a vulnerable person.

����� (3) The state shall file notice of the intention to rely on this section within 60 days of the arraignment, or of the defendant�s entry of the initial plea on an accusatory instrument, whichever is sooner. The court shall grant the state an extension for good cause shown.

����� (4) When the state files the notice described in subsection (3) of this section, the court shall conduct a hearing prior to trial. After the hearing, the court shall enter an order that indicates whether the confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.

����� (5) As used in this section:

����� (a) �Activities of daily living� includes dressing, eating, toileting, bathing, exercising appropriate personal hygiene practices and moving from place to place.

����� (b) �Vulnerable person� means:

����� (A) A person under 18 years of age;

����� (B) A person 65 years of age or older;

����� (C) A person who meets the medical criteria for the receipt of services from a community program or facility as those terms are defined in ORS 430.735;

����� (D) A person with a developmental disability as that term is defined in ORS 40.460 (18a)(d); or

����� (E) A person who, as the result of a diagnosed medical condition, requires assistance in two or more activities of daily living. [2009 c.875 �2]

����� Note: 136.427 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 136.430 Civil laws of evidence in criminal trials; exceptions. The law of evidence in civil actions is also the law of evidence in criminal actions and proceedings, except as otherwise specifically provided in the statutes relating to crimes and criminal procedure. [Formerly 136.510]

����� 136.432 Limitation on court�s authority to exclude relevant evidence. A court may not exclude relevant and otherwise admissible evidence in a criminal action on the grounds that it was obtained in violation of any statutory provision unless exclusion of the evidence is required by:

����� (1) The United States Constitution or the Oregon Constitution;

����� (2) The rules of evidence governing privileges and the admission of hearsay; or

����� (3) The rights of the press. [1997 c.313 �1]

����� Note: 136.432 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 136.433 Proving previous conviction; stipulation; presentation to jury. (1) Except as provided in ORS