Arraignment and Pretrial Provisions

ORS 135.985
Procedure when defendant is servicemember


(1)

As used in this section, “servicemember” means a person who is a member, or who served as a member, of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard.

(2)

At the time of arraignment on a criminal charge, the court shall inform the defendant that the defendant’s status as a servicemember may make the defendant eligible for treatment programs, diversion, specialty courts or mitigated sentencing, and that the defendant may obtain information about these options by consulting with the defendant’s attorney.

(3)

In a criminal proceeding the defendant’s attorney may, with the permission of the defendant, notify the court that the defendant is a servicemember.

(4)

The fact that a defendant is a servicemember may not be used as an aggravating factor in determining the defendant’s sentence. [2019 c.86 §1]
Note: 135.985 (Procedure when defendant is servicemember) 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.

Source

Last accessed
Jun. 26, 2021