Oregon Statutes 135.060 – Informing defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment
(1) When the defendant is arraigned, the defendant shall be informed that:
Terms Used In Oregon Statutes 135.060
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Oath: A promise to tell the truth.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) If the name by which the defendant is charged in the accusatory instrument is not the true name of the defendant the defendant must then declare the true name; and
(b) If the defendant does not declare the true name as required by paragraph (a) of this subsection, the defendant is ineligible for any form of release other than a security release under ORS § 135.265.
(2) The defendant or the attorney for the defendant may acknowledge the true name of the defendant at arraignment and the acknowledgment may not be used against the defendant at trial on the underlying charge or any other criminal charge or fugitive complaint except that:
(a) The use of different names can be used in determining the defendant’s release status if the defendant has used different names in different proceedings; and
(b) A defendant who intentionally falsifies the defendant’s name under this section or ORS § 135.065 while under oath or affirmation is subject to prosecution under ORS § 162.065.
(3) As used in this section and ORS § 135.065, ‘true name’ means:
(a) The name on the defendant’s certified copy of the record of live birth;
(b) The defendant’s birth name; or
(c) If the defendant’s name has been changed by court order or by operation of law, the name as changed by court order or operation of law. [Formerly 135.340; 2003 c.645 § 4; 2013 c.366 § 64]