ORS 132.557
Indictment must contain subcategory facts under certain circumstances

(1)

When a person is charged with a crime committed on or after November 1, 1989, that includes subcategories under the rules of the Oregon Criminal Justice Commission, the state is required to plead specially in the indictment, in addition to the elements of the crime, any subcategory fact on which the state intends to rely to enhance the crime for sentencing purposes. The state shall plead the elements and subcategory facts in a single count. Nothing in this subsection precludes the pleading of alternative theories.

(2)

The state must prove each subcategory fact beyond a reasonable doubt and the jury shall return a special verdict of “yes” or “no” on each subcategory fact submitted. [1995 c.520 §6]
Note: 132.557 (Indictment must contain subcategory facts under certain circumstances) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 132 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 132.557 — Indictment must contain subcategory facts under certain circumstances, https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html.

Notes of Decisions

Where, in addition to elements of crime, state pleads subcategory fact to enhance crime for sentencing purposes, defendant cannot collaterally attack jury verdict regarding fact by challenging imposition of enhanced sentence. State v. Mihm, 157 Or App 262, 972 P2d 890 (1998), Sup Ct review denied

132.010
Composition 132.020
Selection of grand juries 132.030
Challenge of juror prohibited 132.050
Foreman 132.060
Oath or affirmation of jurors 132.070
Charge of court 132.090
Presence of persons at sittings or deliberations of jury 132.100
Oath to witness before grand jury 132.110
When juror discharged 132.120
Jury service term 132.210
Immunity of jurors as to official conduct 132.220
Disclosure by juror of testimony of witness examined by jury 132.250
District attorney to ensure proceedings are recorded 132.260
Recording of testimony required 132.270
Release and use of recording, transcript, notes or report 132.310
Inquiry into crimes 132.320
Consideration of evidence 132.330
Submission of indictment by district attorney 132.340
Duties of district attorney for jury 132.350
Juror’s knowledge of an offense 132.360
Number of jurors required to concur 132.370
Presentment of facts to court for instruction as to law 132.380
Whom the grand jury may indict 132.390
When the grand jury may indict 132.400
Indorsement of indictment as “a true bill.” 132.410
Finding of indictment 132.420
Disclosure relative to indictment not subject to inspection 132.430
Finding against indictment 132.440
Inquiry into conditions in correctional and youth correction facilities 132.510
Forms of pleadings 132.540
Sufficiency of indictment 132.550
Contents of indictment 132.557
Indictment must contain subcategory facts under certain circumstances 132.560
Joinder of counts and charges 132.580
Names of grand jury witnesses required on indictment 132.586
Pleading domestic violence in accusatory instrument 132.990
Premature inspection or disclosure of contents of indictment
Green check means up to date. Up to date

Current through early 2024

§ 132.557’s source at oregon​.gov