(a) The defendant consents to the termination or waives, by motion, by an appeal upon judgment of conviction, or otherwise, the right to object to termination.
(b) The trial court finds that a termination, other than by judgment of acquittal, is necessary because:
(A) It is physically impossible to proceed with the trial in conformity with law; or
(B) There is a legal defect in the proceeding that would make any judgment entered upon a verdict reversible as a matter of law; or
(C) Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the state; or
(D) The jury is unable to agree upon a verdict; or
(E) False statements of a juror on voir dire prevent a fair trial.
(c) When the former prosecution occurred in a court which lacked jurisdiction over the defendant or the offense.
(d) When the subsequent prosecution was for an offense which was not consummated when the former prosecution began.
(2) A plea of guilty or resulting judgment is not a bar under ORS 131.515 (2) to a subsequent prosecution under an accusatory instrument which is filed no later than 30 days after entry of the guilty plea. The defendant’s prior plea of guilty or resulting judgment, notwithstanding ORS 135.365, shall be vacated upon motion by the defendant if made within 30 days after defendant’s arraignment for the subsequent prosecution. The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings. [1973 c.836 §28; 1983 c.509 §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.