Arraignment and Pretrial Provisions

ORS 135.247
Order prohibiting contact with victim of sex crime or domestic violence


(1)

When a release assistance officer or a release assistance deputy makes a release decision under ORS 135.235 (Release assistance officer) involving a defendant charged with a sex crime or a crime constituting domestic violence, the release assistance officer or deputy shall include in the decision an order that the defendant be prohibited from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody. The release assistance officer or deputy shall provide the defendant with a written copy of the order.

(2)

When a defendant who is charged with a sex crime or a crime that constitutes domestic violence is arraigned, the court shall enter an order continuing an order issued under subsection (1) of this section or, if no such order has been entered, enter an order prohibiting the defendant from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody.

(3)

Except as provided in subsection (4) of this section, an order described in subsection (1) or (2) of this section:

(a)

Shall apply at any time during which the defendant is held in custody on the charge; and

(b)

Shall remain valid until the defendant is sentenced for the crime, the charge is dismissed or the defendant is acquitted of the crime.

(4)

Upon petition of the victim, the court may enter an order terminating an order entered under subsection (1) or (2) of this section if the court finds, after a hearing on the petition, that terminating the order is in the best interests of the parties and the community.

(5)

An order described in subsection (1) or (2) of this section shall not limit contact with the victim by the defense attorney, or an agent of the defense attorney other than the defendant, in the manner prescribed by ORS 135.970 (Information required when victim contacted by defense) (2).

(6)

As used in this section:

(a)

“Domestic violence” has the meaning given that term in ORS 135.230 (Definitions for ORS 135.230 to 135.290).

(b)

“Sex crime” has the meaning given that term in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235). [2011 c.232 §1; 2015 c.264 §1]
Note: 135.247 (Order prohibiting contact with victim of sex crime or domestic violence) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
§§ 135.230 to 135.290

See also annotations under ORS 135.190 in permanent edition.

Notes of Decisions

Enactment of these sections did not deprive bail bondsmen of their right to engage in the bail bond business, and did not violate the provisions of the Oregon or United States Constitutions. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)

The pretrial release provisions of ORS 135.230 to 135.290 do not violate Art. I, §14 of the Oregon Constitution. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)

No one may be released from custody without executing and filing release agreement with clerk of court. Knutson v. Cupp, 287 Or 489, 601 P2d 129 (1979)

Atty. Gen. Opinions

Security release deposits as bail, (1979) Vol 40, p 139

Law Review Citations

53 OLR 273-337 (1974); 66 OLR 661 (1987)


Source

Last accessed
Jun. 26, 2021