ORS 133.060
Cited person to appear before magistrate

failure to appear
appearance during statewide emergency

Text
Annotations 2

(1)

A person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was cited at the time, date and court specified in the citation, which shall not be later than 30 days after the date the citation was issued.

(2)

If the cited person fails to appear at the time, date and court specified in the criminal citation, and a complaint or information is filed, the magistrate shall issue a warrant of arrest, upon application for its issuance, upon the person’s failure to appear.

(3)

Intentionally left blank —Ed.

(a)

Notwithstanding subsection (1) of this section, during a period of statewide emergency, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued.

(b)

During a period of statewide emergency, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph (a) of this subsection for all proceedings within the jurisdiction of the court.

(c)

The presiding judge may delegate the authority described in paragraph (b) of this subsection to another judge of the court.

(d)

Nothing in this subsection affects the rights of a defendant under the Oregon and United States Constitutions.

(e)

As used in this subsection, “period of statewide emergency” means the period of time during which any declaration of a state of emergency under ORS 401.165 (Declaration of state of emergency), public health emergency under ORS 433.441 (Declaration of public health emergency) or catastrophic disaster under Article X-A, section 1, of the Oregon Constitution, issued by the Governor, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect. [1969 c.244 §5; 1983 c.661 §1; 1997 c.548 §1; 1999 c.1051 §55; 2021 c.199 §2]

Note: Sections 6 (2) and 8 (1), chapter 12, Oregon Laws 2020 (first special session), provide:

Sec. 6. (2)(a) Notwithstanding ORS 133.060 (Cited person to appear before magistrate) (1), during the time in which any declaration of a state of emergency issued by the Governor related to COVID-19, and any extension of the declaration, is in effect, and continuing for 90 days after the declaration and any extension is no longer in effect, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued.

(b)

During the time in which any declaration of a state of emergency issued by the Governor related to COVID-19, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph (a) of this subsection for all proceedings within the jurisdiction of the court. [2020 s.s.1 c.12 §6(2)]

Sec. 8. (1) Section 6, chapter 12, Oregon Laws 2020 (first special session), is repealed on December 31, 2022. [2020 s.s.1 c.12 §8(1); 2021 c.199 §3(1)]

Source: Section 133.060 — Cited person to appear before magistrate; failure to appear; appearance during statewide emergency, https://www.oregonlegislature.gov/bills_laws/ors/ors133.html.

Notes of Decisions

Where police officer issues criminal citation, subsequent filing of information by district attorney is continuation of same prosecution. State v. Anglin, 227 Or App 325, 206 P3d 193 (2009), Sup Ct review denied

Citation that requires defendant to appear before magistrate more than 30 days after date on which citation is issued is not invalid. State v. Robison, 233 Or App 90, 227 P3d 169 (2009), Sup Ct review denied

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 133.060 Cited person to appear before magistrate

(1)

(2)

(3)

(a)

(b)

(c)

(d)

(e)

(b)

Notes of Decisions

ORS 133.060
Cited person to appear before magistrate