ORS 132.430
Finding against indictment

  • indorsement “not a true bill.”

(1)

When a person has been held to answer a criminal charge and the indictment in relation thereto is not found “a true bill,” the indictment must be indorsed “not a true bill,” which indorsement must be signed by the foreman and filed with the clerk of the court, in whose office it shall remain a public record. In the case of an indictment not found “a true bill” against a person who has not been held to answer a criminal charge, the indictment must be destroyed by the grand jury.

(2)

When an indictment indorsed “not a true bill” has been filed with the clerk of the court, the effect is to dismiss the charge, and the charge cannot be again submitted to or inquired of by the grand jury unless the court so orders. [Amended by 1973 c.836 §54; 2017 c.650 §6]

Source: Section 132.430 — Finding against indictment; indorsement “not a true bill.”, https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html.

Notes of Decisions

When a grand jury indicts for a certain crime based upon a certain set of facts it does not automatically render a “not true bill” on any greater offense under which the defendant might have been indicted. State v. Rankin, 21 Or App 721, 536 P2d 538 (1975)

Where first grand jury returned two rape indictments and did not act on other alleged rapes, and second grand jury indicted defendant on nine other charges, dismissal of indictments was not required by this section because defendant had not been taken into custody or otherwise “held to answer” on any charge prior to second grand jury. State v. Harwood, 45 Or App 931, 609 P2d 1312 (1980), Sup Ct review denied

This section does not control the right of district attorney to file misdemeanor complaint in district court based on same incident as that giving rise to felony charge from which “not true bill” was returned. State v. Gonzales, 56 Or App 17, 641 P2d 42 (1982), Sup Ct review denied

In exercising discretion to allow or deny resubmission of charges to grand jury, trial court must determine, after considering averred facts, whether resubmission is in interest of justice. State v. Stokes, 350 Or 44, 248 P3d 953 (2011)

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

§ 132.430’s source at oregon​.gov