Chapter 925 Oregon Laws 1999

Session Law

AN ACT

HB 2462

Relating to civil compromise; amending ORS 135.705.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 135.705 is amended to read:

135.705. (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, order the accusatory instrument dismissed. The order must be entered in the register.

(b) For purposes of paragraph (a) of this subsection, a written acknowledgment that a civil penalty under ORS 30.875 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, [but "costs" does not include] including costs under ORS 151.505 for the compensation of counsel appointed pursuant to ORS 135.045 or 135.050 and expenses approved under ORS 135.055.

Approved by the Governor August 2, 1999

Filed in the office of Secretary of State August 2, 1999

Effective date October 23, 1999

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