Oregon Statutes 131.005 – General definitions
As used in sections 1 to 311, chapter 836, Oregon Laws 1973, except as otherwise specifically provided or unless the context requires otherwise:
Terms Used In Oregon Statutes 131.005
- 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.
- Arrest: Taking physical custody of a person by lawful authority.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- 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.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) ‘Accusatory instrument’ means a grand jury indictment, an information or a complaint.
(2) ‘Bench warrant’ means a process of a court in which a criminal action is pending, directing a peace officer to take into custody a defendant in the action who has previously appeared before the court upon the accusatory instrument by which the action was commenced, and to bring the defendant before the court. The function of a bench warrant is to achieve the court appearance of a defendant in a criminal action for some purpose other than the initial arraignment of the defendant in the action.
(3) ‘Complaint’ means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense, other than an offense punishable as a felony. A complaint serves both to commence an action and as a basis for prosecution thereof.
(4) ‘Complainant’s information’ means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense punishable as a felony. A complainant’s information serves to commence an action, but not as a basis for prosecution thereof.
(5) ‘Correctional facility’ means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order. ‘Correctional facility’ does not include a youth correction facility as defined in ORS § 162.135 and applies to a state hospital only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS § 161.290 to 161.373.
(6) ‘Criminal action’ means an action at law by means of which a person is accused of the commission of a violation, misdemeanor or felony.
(7) ‘Criminal proceeding’ means any proceeding which constitutes a part of a criminal action or occurs in court in connection with a prospective, pending or completed criminal action.
(8) ‘District attorney,’ in addition to its ordinary meaning, includes a city attorney as prosecuting officer in the case of municipal ordinance offenses, a county counsel as prosecuting officer under a county charter in the case of county ordinance offenses, and the Attorney General in those criminal actions or proceedings within the jurisdiction of the Attorney General.
(9) ‘District attorney’s information’ means a written accusation by a district attorney and:
(a) If filed with a magistrate to charge a person with the commission of an offense, other than an offense punishable as a felony, serves both to commence an action and as a basis for prosecution thereof; or
(b) If filed with a magistrate to charge a person with the commission of an offense punishable as a felony, serves to commence an action, but not as a basis for prosecution thereof; or
(c) If, as is otherwise authorized by law, filed in circuit court to charge a person with the commission of an offense, serves as a basis for prosecution thereof.
(10) ‘Information’ means a district attorney’s information or a complainant’s information.
(11) ‘Probable cause’ means that there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it.
(12) ‘Trial court’ means a court which by law has jurisdiction over an offense charged in an accusatory instrument and has authority to accept a plea thereto, or try, hear or otherwise dispose of a criminal action based on the accusatory instrument.
(13) ‘Ultimate trial jurisdiction’ means the jurisdiction of a court over a criminal action or proceeding at the highest trial level.
(14) ‘Warrant of arrest‘ means a process of a court, directing a peace officer to arrest a defendant and to bring the defendant before the court for the purpose of arraignment upon an accusatory instrument filed therewith by which a criminal action against the defendant has been commenced. [1973 c.836 § 1; 1983 c.760 § 1; 1995 c.738 § 3; 1997 c.249 § 42; 1997 c.801 § 101; 1999 c.1051 § 122; 2017 c.634 § 1]
Legislative Counsel has substituted ‘chapter 836, Oregon Laws 1973,’ for the words ‘this Act’ in sections 1 and 2, chapter 836, Oregon Laws 1973, compiled as 131.005 and 131.015. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1973 Comparative Section Table located in Volume 22 of ORS.