(a) "Criminal proceeding" has the meaning given that term in ORS 131.005.
(b) "Parties" means the State of Oregon and the person being prosecuted.
(c) "Simultaneous electronic transmission" means television, telephone or any other form of electronic communication transmission if the form of transmission allows:
(A) The court and the person making the appearance to communicate with each other during the proceeding;
(B) A defendant who is represented by counsel to consult privately with defense counsel during the proceeding;
(C) The victim to participate in the proceeding to the same extent that the victim is entitled to participate when the person making the appearance is physically present in the court; and
(D) The public to hear and, if the transmission includes a visual image, to see the appearance if the public has a right to hear and see the appearance when the person making the appearance is physically present in the court.
(2) When a statute authorizes or requires a person to make a personal appearance before a court in a criminal proceeding, the person may appear by being physically present in the court or by simultaneous electronic transmission if:
(a) Simultaneous electronic transmission is authorized by court rule under subsection (3) of this section;
(b) Except as otherwise provided by law, the parties in the proceeding and the court agree to appearance by simultaneous electronic transmission; and
(c) Appearance by simultaneous electronic transmission is not specifically prohibited by statute.
(3) In order for a person to appear by simultaneous electronic transmission as provided in this section, court rules must provide for the use of the specific type of simultaneous electronic transmission at the court location and for the type of proceeding in which the person is appearing. Court rules allowing the use of simultaneous electronic transmission may establish requirements for its use.
(4) Notwithstanding subsection (2)(b) of this section, a witness in a criminal proceeding may not appear before a jury by simultaneous electronic transmission without the written consent of the parties and the agreement of the court.
(5) This section does not apply to a hearing under ORS 138.510 to 138.680. [2005 c.566 §4; 2009 c.219 §2]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Section 131.005 - General definitions.
Section 131.015 - Application to prior and subsequent actions.
Section 131.040 - When law enforcement officer may communicate with person represented by counsel.
Section 131.045 - Appearances by simultaneous electronic transmission.
Section 131.125 - Time limitations.
Section 131.145 - When time starts to run; tolling of statute.
Section 131.215 - Jurisdiction.
Section 131.235 - Criminal homicide.
Section 131.305 - Place of trial.
Section 131.315 - Special provisions.
Section 131.395 - Expenses of change; taxation as costs.
Section 131.405 - Attendance of defendant at new place of trial.
Section 131.505 - Definitions for ORS 131.505 to 131.525.
Section 131.515 - Previous prosecution; when a bar to second prosecution.
Section 131.525 - Previous prosecution; when not a bar to subsequent prosecution.
Section 131.535 - Proceedings not constituting acquittal.
Section 131.550 - Definitions for ORS 131.550 to 131.600.
Section 131.553 - Legislative findings; effect on local laws; remedy not exclusive.
Section 131.558 - Property subject to forfeiture.
Section 131.561 - Seizure of property subject to forfeiture.
Section 131.564 - Status of seized property; release; maintenance and use.
Section 131.566 - Motor vehicle with hidden compartment.
Section 131.567 - Recorded notice of intent to forfeit real property; form.
Section 131.573 - Petition for expedited hearing.
Section 131.576 - Order restoring custody of property after expedited hearing.
Section 131.579 - Affidavit in response to notice of seizure for forfeiture.
Section 131.585 - Extent of judgment.
Section 131.588 - Judgment of forfeiture; contents; effect.
Section 131.600 - Record keeping and reporting requirements.
Section 131.602 - Prohibited conduct for purposes of instrumentalities of crime.
Section 131.605 - Definitions for ORS 131.605 to 131.625.
Section 131.615 - Stopping of persons.
Section 131.625 - Frisk of stopped persons.
Section 131.705 - Definitions for ORS 131.705 to 131.735.
Section 131.725 - Exclusion from public property.
Section 131.890 - Entitlement to reward; use of public money to reward bounty hunter.
Section 131.897 - Authority to order repayment of reward as part of sentence.
Section 131.905 - Legislative findings.
Section 131.906 - Law Enforcement Contacts Policy and Data Review Committee; duties; report.
Section 131.915 - Definitions.
Section 131.920 - Policies and procedures prohibiting profiling.
Section 131.925 - Complaints alleging profiling; complaint form.
Section 131.930 - Definitions.
Section 131.935 - Collection of officer-initiated stop data; use of data; rules.
Section 131.940 - Analysis of stop data to identify profiling; report.