Juvenile Code: Delinquency

ORS 419C.370
Waiver of motor vehicle, boating, game, violation and property cases


(1)

The juvenile court may enter an order directing that all cases involving:

(a)

Violation of a law or ordinance relating to the use or operation of a motor vehicle, boating laws or game laws be waived to criminal or municipal court;

(b)

An offense classified as a violation under the laws of this state or a political subdivision of this state be waived to municipal court if the municipal court has agreed to accept jurisdiction; and

(c)

A misdemeanor that entails theft, destruction, tampering with or vandalism of property be waived to municipal court if the municipal court has agreed to accept jurisdiction.

(2)

Cases waived under subsection (1) of this section are subject to the following:

(a)

That the criminal or municipal court prior to hearing a case, other than a case involving a parking violation, in which the defendant is or appears to be under 18 years of age notify the juvenile court of that fact; and

(b)

That the juvenile court may direct that any such case be waived to the juvenile court for further proceedings.

(3)

(a) When a person who has been waived under subsection (1)(c) of this section is convicted of a property offense, the municipal court may impose any sanction authorized for the offense except for incarceration. The municipal court shall notify the juvenile court of the disposition of the case.

(b)

When a person has been waived under subsection (1) of this section and fails to appear as summoned or is placed on probation and is alleged to have violated a condition of the probation, the juvenile court may recall the case to the juvenile court for further proceedings. When a person has been returned to juvenile court under this paragraph, the juvenile court may proceed as though the person had failed to appear as summoned to the juvenile court or had violated a juvenile court probation order under ORS 419C.446 (Probation).

(4)

Records of cases waived under subsection (1)(c) of this section are juvenile records for purposes of expunction under ORS 419A.260 (Expunction). [1993 c.33 §220; 1993 c.546 §86; 1995 c.481 §1; 1999 c.158 §1; 1999 c.615 §1; 2003 c.396 §104]

Notes of Decisions

Under Former Similar Statute

Action Initiated In District Court Against 17 Year Old for Game Law Violation Was Properly Retained By District Court Where

blanket remand order was in effect; notice had been given to juvenile court and juvenile court did not assert jurisdiction. State v. Ledford, 47 Or App 1109, 615 P2d 1161 (1980), Sup Ct review denied

Juvenile department is not prohibited from filing case relating to use or operation of motor vehicle directly in juvenile court, if department thinks juvenile court would be better forum. State ex rel Juv. Dept. v. Williams, 55 Or App 951, 640 P2d 675 (1982)

Provision for remand of child 16 years of age or older did not prohibit blanket remand of traffic cases involving juveniles under age of 16 and such remand did not violate Article I, section 20 of Oregon Constitution, or Fourteenth Amendment to U.S. Constitution. State ex rel. Juv. Dept. v. Strickland, 84 Or App 272, 733 P2d 932 (1987)

Chapter 419C

Law Review Citations

Under Former Similar Statutes

56 OLR 428 (1977); 16 WLR 417 (1979)


Source

Last accessed
Jun. 26, 2021