Oregon Statutes 419C.261 – Amendment and dismissal of petition
(1) The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require. When the court directs the amendment of a petition alleging that a youth has committed an act that would constitute a sex crime, as defined in ORS § 163A.005, if committed by an adult, the court shall make written findings stating the reason for directing the amendment.
Terms Used In Oregon Statutes 419C.261
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Continuance: Putting off of a hearing ot trial until a later time.
(2)(a) The court may set aside or dismiss a petition filed under ORS § 419C.005 in furtherance of justice after considering the circumstances of the youth and the interests of the state in the adjudication of the petition.
(b) If the victim requests notice, the district attorney or juvenile department shall notify the victim of a hearing to amend the petition in advance of the hearing.
(c) When the court sets aside or dismisses a petition alleging that a youth has committed an act that would constitute a sex crime, as defined in ORS § 163A.005, if committed by an adult, the court shall make written findings stating the reason for setting aside or dismissing the petition. [1993 c.33 § 200; 1995 c.422 § 77a; 2001 c.803 § 7; 2007 c.609 § 23; 2009 c.178 § 24]
CRIMINAL PROCEDURE LAWS