Title 133 · ORS Chapter 133

475C.301; �� (g) An authorized tribal police officer as defined in ORS 181A.940; or �� (h) A judicial marshal appointed under ORS 1.177 who is trained pursuant to ORS 181A.540. �� (4) �Res

Citation: ORS 475C.301

Section: 475C.301

475C.301;

�� (g) An authorized tribal police officer as defined in ORS 181A.940; or

�� (h) A judicial marshal appointed under ORS 1.177 who is trained pursuant to ORS 181A.540.

�� (4) �Reserve officer� means an officer or member of a law enforcement agency who is:

�� (a) A volunteer or employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or a member of the Department of State Police;

�� (b) Armed with a firearm; and

�� (c) Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. [1973 c.836 �62; 1979 c.656 �1; 1981 c.808 �1; 1991 c.67 �25; 1993 c.254 �1; 1995 c.651 �6; 2009 c.11 �8; 2011 c.506 �7; 2011 c.641 �1; 2011 c.644 ��13,39; 2012 c.54 ��6,7; 2012 c.67 ��3,4; 2013 c.154 ��4,5; 2013 c.180 �8,9; 2015 c.174 �4; 2015 c.614 ��137,138; 2021 c.286 �1]

�� 133.007 Sufficiency of information or complaint; previous convictions; use of statutory language. (1) An information or complaint is sufficient if it can be understood therefrom that:

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

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

�� (c) The offense was committed at some time prior to the filing of the information or complaint and within the time limited by law for the commencement of an action therefor.

�� (2) The information or complaint shall not contain allegations that the defendant has previously been convicted of any offense that might subject the defendant to enhanced penalties.

�� (3) Words used in a statute to define an offense need not be strictly followed in the information or complaint, but other words conveying the same meaning may be used. [1973 c.836 �63; 2005 c.22 �101]

�� 133.010 [Amended by 1965 c.508 �1; repealed by 1973 c.836 �358]

�� 133.015 Contents of information or complaint. An information or complaint shall contain substantially the following:

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

�� (2) The title of the action;

�� (3) A statement that 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; and

�� (8) The verification by the complainant and the date of the signing of the information or complaint. An information or complaint charging a defendant with an offense, other than an offense punishable as a felony, shall be deemed verified by the complainant if it contains a form of certificate in which the complainant certifies, under the penalties described in ORS 133.992, that the complainant has sufficient grounds to believe, and does believe, that the defendant named in the information or complaint committed the offense specified in the information or complaint. [1973 c.836 �64; 2015 c.250 �1]

�� 133.020 Magistrate defined. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with the commission of a crime.

�� 133.030 Who are magistrates. The following persons are magistrates:

�� (1) Judges of the Supreme Court;

�� (2) Judges of the Court of Appeals;

�� (3) Judges of the circuit court;

�� (4) County judges and justices of the peace; and

�� (5) Municipal judges. [Amended by 1961 c.724 �27; 1969 c.198 �59; 1977 c.746 �1; 1995 c.658 �72]

�� 133.033 Peace officer; community caretaking functions. (1) Except as otherwise expressly prohibited by law, any peace officer is authorized to perform community caretaking functions.

�� (2) As used in this section, �community caretaking functions� means any lawful acts that are inherent in the duty of the peace officer to serve and protect the public. �Community caretaking functions� includes, but is not limited to:

�� (a) The right to enter or remain upon the premises of another if it reasonably appears to be necessary to:

�� (A) Prevent serious harm to any person or property;

�� (B) Render aid to injured or ill persons; or

�� (C) Locate missing persons.

�� (b) The right to stop or redirect traffic or aid motorists or other persons when such action reasonably appears to be necessary to:

�� (A) Prevent serious harm to any person or property;

�� (B) Render aid to injured or ill persons; or

�� (C) Locate missing persons.

�� (3) Nothing contained in this section shall be construed to limit the authority of a peace officer that is inherent in the office or that is granted by any other provision of law. [1991 c.959 �1; 2011 c.506 �9; 2011 c.644 �14]

�� 133.035 Ex parte emergency protective orders; service; expiration; contempt proceeding; required availability of judges; fees; forms. (1) A peace officer may inform a person in danger of abuse of the officer�s ability to apply for an ex parte emergency protective order and, with the person�s consent or permission, may apply to a circuit court for the order when the peace officer has probable cause to believe:

�� (a)(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055 (2)(a) exist; or

�� (B) The person is in immediate danger of abuse by a family or household member; and

�� (b) An emergency protective order is necessary to prevent the person from suffering the occurrence or recurrence of abuse.

�� (2)(a) An application for an emergency protective order described in subsection (1) of this section shall consist of the proposed emergency protective order and the peace officer�s declaration under penalty of perjury setting forth the facts and circumstances underlying entry of the order.

�� (b) The proposed emergency protective order and the declaration may be sent to the court by electronic transmission that delivers a complete printable image of the order and signed declaration.

�� (3) Upon examination of the application, a circuit court may enter an emergency protective order if the court finds there is probable cause that:

�� (a)(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055 (2)(a) exist; or

�� (B) A person is in immediate danger of abuse by a family or household member; and

�� (b) An emergency protective order is necessary to prevent a person from suffering the occurrence or recurrence of abuse.

�� (4) An emergency protective order entered under subsection (3) of this section shall:

�� (a) Restrain the respondent from contacting the person protected by the order and from intimidating, molesting, interfering with or menacing the person, or attempting to intimidate, molest, interfere with or menace the protected person;

�� (b) Include the findings of probable cause authorizing issuance of the order;

�� (c) State the date that the order expires; and

�� (d) State a security amount for a violation of the order.

�� (5) If the circuit court enters an emergency protective order under subsection (3) of this section:

�� (a) The peace officer shall provide, without charge, a certified true copy of the emergency protective order to the protected person and shall ensure that certified true copies of the order and the declaration are filed with the court.

�� (b) A peace officer shall serve the respondent personally. Upon completion of service, the peace officer shall prepare a declaration under penalty of perjury of proof of service verifying that the emergency protective order was served personally on the respondent, file a copy of the declaration with the court and enter the order into the Law Enforcement Data System maintained by the Department of State Police.

�� (c) If the peace officer cannot complete service within one day of the emergency protective order�s entry, the peace officer shall notify the court that the documents have not been served.

�� (6) Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the emergency protective order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the emergency protective order may be informed of the existence and terms of the order. The emergency protective order is fully enforceable in any county or tribal land in this state.

�� (7)(a) An emergency protective order expires seven calendar days from the date the court signs the order.

�� (b) An emergency protective order shall remain in effect until the order expires or is terminated by court order. If the order is terminated by court order, the clerk of the court shall immediately cause to be delivered a copy of the termination order to the peace officer who originally applied for the order. Upon receipt of the termination order, the peace officer shall promptly remove the emergency protective order from the Law Enforcement Data System.

�� (8)(a) A contempt proceeding for an alleged violation of an emergency protective order must be conducted by the circuit court that issued the order or by the circuit court for the county in which the alleged violation of the order occurs.

�� (b) Pending a contempt hearing for an alleged violation of an emergency protective order, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290.

�� (9) The presiding judge of the circuit court in each county shall designate at least one judge to be reasonably available to enter, in person or by electronic transmission, ex parte emergency protective orders at all times whether or not the court is in session.

�� (10) A peace officer acting in good faith shall not be liable in any civil action for applying to or not applying to a circuit court for an ex parte emergency protective order under this section.

�� (11) A filing fee, service fee or hearing fee may not be charged for proceedings for ex parte emergency protective orders under this section.

�� (12) The Department of State Police shall develop forms for emergency protective orders and declarations and shall submit the forms for approval by the State Court Administrator, the Oregon State Sheriffs� Association and the Oregon Association Chiefs of Police. After obtaining approval, the department shall ensure that the forms are appropriately distributed and available for use.

�� (13) As used in this section, �peace officer� has the meaning given that term in ORS 161.015. [2015 c.252 �1]

�� Note: 133.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 133.037 [1971 c.743 �289; 1973 c.836 �33; renumbered 131.655]

�� 133.040 [Repealed by 1965 c.508 �8]

�� 133.042 Deflection and diversion encouraged; notice of completion. (1) Law enforcement agencies in this state are encouraged to, in lieu of citation or arrest, or after citation or arrest but before referral to the district attorney, refer a person to a deflection program when the person is suspected of committing, or has been cited or arrested for, unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS 475.896.

�� (2) District attorneys in this state are encouraged to divert for assessment, treatment and other services, in lieu of conviction, cases involving unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS