ORS 419C.352
Grounds for waiving youth under 15 years of age

(1)

The juvenile court, after a hearing, except as provided in ORS 419C.364 (Waiver of future cases) or 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases), may waive a youth under 15 years of age at the time the act was committed to circuit court for prosecution as an adult if:

(a)

The youth is represented by counsel during the waiver proceedings;

(b)

The juvenile court makes the findings required under ORS 419C.349 (Grounds for waiving youth to adult court) (2); and

(c)

The youth is alleged to have committed an act or acts that if committed by an adult would constitute one or more of the following crimes:

(A)

Murder or any aggravated form thereof under ORS 163.095 (“Aggravated murder” defined), 163.107 (Murder in the first degree) or 163.115 (Murder in the second degree);

(B)

Rape in the first degree under ORS 163.375 (Rape in the first degree) (1)(a);

(C)

Sodomy in the first degree under ORS 163.405 (Sodomy in the first degree) (1)(a); or

(D)

Unlawful sexual penetration in the first degree under ORS 163.411 (Unlawful sexual penetration in the first degree) (1)(a).

(2)

Notwithstanding ORS 419A.255 (Maintenance), the district attorney may provide to the victim, at the request of the victim and pursuant to a protective order, a copy of the court’s written waiver findings and determination, if any, regardless of whether the victim appeared at the hearing or presented information to the court. [1993 c.33 §214; 1993 c.546 §79; 1995 c.422 §78; 2019 c.634 §17; 2019 c.635 §24; 2021 c.474 §8]

Source: Section 419C.352 — Grounds for waiving youth under 15 years of age, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419C.­html.

Notes of Decisions

Requirement that youth possess “sufficient sophistication and maturity to appreciate the nature and quality of the conduct involved” means that, in order to authorize waiver of youth under ORS 419C.349 or this section, juvenile court must find, as factual determination, that youth possesses sufficient adult-like intellectual, social and emotional capabilities to have adult-like understanding of significance of youth’s conduct, including wrongfulness of that conduct and consequences for youth, victim and others. State v. J.C.N.-V., 359 Or 559, 380 P3d 248 (2016)

Law Review Citations

Under former similar statute

29 WLR 689 (1993)

419C.001
Purposes of juvenile justice system in delinquency cases 419C.005
Jurisdiction 419C.007
Suspension or revocation of driving privileges 419C.010
Extradition 419C.013
Venue 419C.020
Notice to parents or guardian of youth 419C.025
Appearance by telephone or closed-circuit television 419C.050
Transfer to juvenile court from another court 419C.053
Transfer to court of county of youth’s residence 419C.056
Transfer of jurisdiction by court in county of youth’s residence 419C.058
Transfer of jurisdiction to tribal court 419C.059
Facilitation of disposition 419C.065
Transportation of youth whose case is transferred 419C.067
Case transferred to juvenile court after verdict in criminal court 419C.080
Custody 419C.085
Citation in lieu of custody 419C.088
Custody by private person 419C.091
Custody not arrest 419C.094
Jurisdiction attaches at time youth taken into custody 419C.097
Notice to parents, victim 419C.100
Release of youth taken into custody 419C.103
Procedure when youth is not released 419C.106
Report required when youth is taken into custody 419C.109
Initial disposition of youth taken into custody 419C.125
Detention in place where adults are detained of certain persons alleged to be within court’s jurisdiction 419C.130
Youth or adjudicated youth may not be detained where adults are detained 419C.133
Detention of youth under 12 years of age 419C.136
Temporary hold to develop release plan 419C.139
Speedy hearing on detention cases 419C.142
Notice of detention hearing 419C.145
Preadjudication detention 419C.150
Time limitations on detention 419C.153
Detention review or release hearing 419C.156
Detention of runaway from another state 419C.159
Escape 419C.170
Time limitations on shelter care 419C.173
Evidentiary hearing 419C.176
Conditional release by court 419C.179
Release security provisions not applicable 419C.200
Court-appointed counsel for youth 419C.206
Compensation for counsel 419C.209
Applicability of other laws 419C.220
Appointment of surrogate 419C.223
Duties and tenure 419C.225
Authorized diversion programs 419C.226
Youth courts 419C.230
Formal accountability agreements 419C.233
Nature of agreement 419C.236
Agreement may require counseling, community service, education, treatment or training 419C.237
Agreement may require mental health evaluation 419C.239
Requirements of agreement 419C.242
Revocation and modification of agreement 419C.245
Right to counsel 419C.250
Who may file petition 419C.255
Facts to be pleaded 419C.258
Service 419C.261
Amendment and dismissal of petition 419C.270
Application of criminal procedure laws 419C.273
Right of victim to be present at proceedings 419C.274
Notification of victim regarding waiver hearing or second look hearing 419C.276
Disclosure of personal identifiers of victim or witness 419C.280
Consolidation 419C.285
Parties to delinquency proceeding 419C.300
Time limits on issuance of summons 419C.303
Form of summons 419C.306
Effect of summons 419C.309
Service of summons or other process 419C.312
Alternate service 419C.315
Travel expenses of party summoned 419C.317
Compliance with summons 419C.320
When arrest warrant for summoned person authorized 419C.323
Proceeding when summoned party not before court 419C.340
Authority to waive youth to adult court 419C.343
Depositions 419C.346
Juvenile court’s retention of authority over parent 419C.349
Grounds for waiving youth to adult court 419C.352
Grounds for waiving youth under 15 years of age 419C.355
Written findings required 419C.358
Consolidation of nonwaivable and waivable charges 419C.361
Disposition of nonwaivable consolidated charges and lesser included offenses 419C.364
Waiver of future cases 419C.367
Vacating order waiving future cases 419C.370
Waiver of motor vehicle, boating, game, violation and property cases 419C.372
Handling of motor vehicle, boating or game cases not requiring waiver 419C.374
Alternative conduct of proceedings involving traffic, boating and game cases 419C.378
Motion for finding that youth is unfit to proceed 419C.380
Evaluation 419C.382
Duties of Oregon Health Authority 419C.386
Filing of report 419C.388
Objection to report 419C.390
Order 419C.392
Effect of findings 419C.394
Program to provide restorative services 419C.396
Provision of restorative services 419C.398
Removal of youth from placement for purpose of receiving restorative services 419C.400
Conduct of hearings 419C.405
Witnesses 419C.408
Witness fees 419C.411
Disposition order 419C.420
Adjudication without hearing 419C.440
When court has duties and authority of guardian 419C.441
Mental health evaluation, care and treatment 419C.446
Probation 419C.450
Restitution 419C.453
Detention 419C.456
Detention after escape 419C.457
Prohibition on imposition of fines and fees for acts committed by child, youth, adjudicated youth or young person 419C.460
Process for unlawful possession of controlled substances 419C.461
Disposition for graffiti related offenses 419C.462
Community service 419C.465
Service to victim 419C.470
Opportunities to fulfill obligations imposed by court 419C.472
Suspension of driving privileges 419C.473
Authority to order blood or buccal samples 419C.475
Authority to order blood-borne infection testing 419C.478
Commitment to Oregon Youth Authority or Department of Human Services 419C.481
Guardianship and legal custody of adjudicated youth committed to Oregon Youth Authority 419C.486
Consideration of recommendations of committing court 419C.489
Condition requiring medical care or special treatment 419C.492
Court’s authority to review placement 419C.495
When commitment to youth correction facility authorized 419C.498
Disposition under compact, agreement or arrangement with another state 419C.501
Duration of disposition 419C.504
Duration of probation 419C.507
Additional options 419C.510
Advisory committee to study dispositions 419C.520
Definitions 419C.522
Qualifying mental disorder as affirmative defense 419C.524
Notice and filing report prerequisite to defense 419C.527
Procedure for state to obtain mental examination of youth 419C.529
Finding of serious mental condition 419C.530
Continuing jurisdiction of Psychiatric Security Review Board after placement 419C.531
Notice to victim 419C.532
Hearings of juvenile panel of Psychiatric Security Review Board 419C.533
Rules 419C.535
Appointed counsel 419C.538
Conditional release 419C.540
Discharge or conditional release after commitment 419C.542
Hearings before juvenile panel of Psychiatric Security Review Board 419C.544
Transfer of cases from juvenile panel to adult panel of Psychiatric Security Review Board 419C.550
Duties and authority 419C.555
Authority to appoint guardian 419C.558
Duties and authority of guardian 419C.561
Limitation of guardianship granted by juvenile court 419C.570
Parent or guardian summoned subject to jurisdiction of court 419C.573
Court may order education or counseling 419C.575
Court may order drug or alcohol treatment 419C.610
Authority to modify or set aside orders 419C.613
Notice of modification 419C.615
Grounds for setting aside order 419C.616
Effect of prior proceeding on petition under ORS 419C.615 419C.617
Time limitation for certain adults seeking relief under ORS 419C.615 419C.620
Circumstances requiring report 419C.623
Frequency and content of report 419C.626
Review hearing by court 419C.629
Distribution of report by court 419C.653
Notice 419C.680
Curfew
Green check means up to date. Up to date

Current through early 2024

§ 419C.352’s source at oregon​.gov