Oregon Statutes 135.418 – Prohibited plea agreement provisions
(1) A prosecuting attorney may not condition a defendant‘s plea offer on:
Terms Used In Oregon Statutes 135.418
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defense attorney: Represent defendants in criminal matters.
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- True bill: Another word for indictment.
(a) The defendant’s waiver of:
(A) The disclosure obligation of ORS § 135.815 (1)(g).
(B) The ability to receive the audio recording of grand jury proceedings as permitted under ORS § 132.270, if the indictment has been indorsed ‘a true bill.’
(C) Eligibility for transitional leave under ORS § 421.168.
(D) Eligibility for a reduction in the term of incarceration under ORS § 421.120 or 421.121.
(E) Eligibility for any reduction in sentence, leave or release from custody or any other program for which the executing or releasing authority may consider the defendant, including programs for which the executing or releasing authority determines eligibility and programs for which consideration must be ordered by the sentencing court under ORS § 137.750.
(F) The ability to set aside the conviction under ORS § 137.225.
(b) A requirement that the defendant or the defense attorney stipulate to the unconstitutionality of an existing law.
(2)(a) A plea agreement may not contain a provision prohibited by subsection (1) of this section.
(b) A prohibited provision described in subsection (1) of this section in a plea agreement is contrary to public policy and is void and unenforceable.
(3) As used in this section, ‘executing or releasing authority’ has the meaning given that term in ORS § 137.750. [2018 c.37 § 2; 2019 c.684 § 1; 2021 c.486 § 3]
[Amended by 1973 c.836 § 158; renumbered 135.305]