Arraignment and Pretrial Provisions

ORS 135.705
Satisfaction of injured person

  • dismissal of charges


(1)

(a) If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, enter a judgment dismissing the accusatory instrument.

(b)

For purposes of paragraph (a) of this subsection, a written acknowledgment that a civil penalty under ORS 30.875 (Civil damages for shoplifting or taking of agricultural produce) has been paid is not evidence that the person injured has received full satisfaction for the injury and is not a compromise under this section.

(2)

As used in this section, “costs” includes those expenses specially incurred by the state in prosecuting the defendant, including costs under ORS 151.505 (Authority of court to order repayment of costs related to provision of appointed counsel) for the compensation of counsel appointed pursuant to ORS 135.045 (Court appointment of counsel) or 135.050 (Eligibility for court-appointed counsel) and fees and expenses paid under ORS 135.055 (Compensation and expenses of appointed counsel). [Formerly 134.020; 1981 s.s. c.3 §121; 1985 c.540 §34; 1985 c.710 §4; 1987 c.803 §25; 1999 c.925 §1; 2003 c.449 §28; 2009 c.484 §9]

See also annotations under ORS 134.020 in permanent edition.

Notes of Decisions

The power to compromise is in the court, not the injured party; "satisfaction" requires only repayment of the amount stolen, not consent of the injured party to the compromise. State v. Dumond, 270 Or 854, 530 P2d 32 (1974)

ORS 135.755 must be read together with ORS 135.703 and this section. State v. Martindale, 30 Or App 1127, 569 P2d 659 (1977), Sup Ct review denied

Court dismissing indictment has discretion to determine amount and method for defendant's payment of costs and expenses. State v. Belles, 68 Or App 910, 683 P2d 1027 (1984)

Agreement, after negotiations by father of girl, to accept $5,000 from father of defendant for "loss of face" resulting from intercourse between defendant and girl was not enforceable civil compromise under this section requiring dismissal of charge of contributing to sexual delinquency of minor as such agreement did not acknowledge satisfaction in writing by "the person injured." State v. Phak, 91 Or App 160, 754 P2d 31 (1988)

Custodial parent may not agree to civil compromise on behalf of minor victim because custodial parent does not have authority to contract on behalf of minor child. State v. Fitterer, 109 Or App 541, 820 P2d 841 (1991), Sup Ct review denied

Payment of civil penalty as provided under ORS 30.875 is civil compromise allowing dismissal of accusatory instrument. State v. Johnsen, 327 Or 415, 962 P2d 689 (1998)

Defendant, who was charged after damaging employer's vehicle, repairs to which were paid for by employer's insurer and who then entered into valid civil compromise under ORS 135.703 with employer but not with insurer, is eligible for dismissal because employer, not insurer, is person injured by defendant's criminal acts. State v. Ferguson, 261 Or App 497, 323 P3d 496 (2014)

Law Review Citations

10 WLJ 187, 188 (1974)


Source

Last accessed
Jun. 26, 2021