(2) If the cited person fails to appear at the time, date and court specified in the criminal citation, and a complaint or information is filed, the magistrate shall issue a warrant of arrest, upon application for its issuance, upon the person’s failure to appear.
(3)(a) Notwithstanding subsection (1) of this section, during a period of statewide emergency, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued.
(b) During a period of statewide emergency, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph (a) of this subsection for all proceedings within the jurisdiction of the court.
(c) The presiding judge may delegate the authority described in paragraph (b) of this subsection to another judge of the court.
(d) Nothing in this subsection affects the rights of a defendant under the Oregon and United States Constitutions.
(e) As used in this subsection, "period of statewide emergency" means the period of time during which any declaration of a state of emergency under ORS 401.165, public health emergency under ORS 433.441 or catastrophic disaster under Article X-A, section 1, of the Oregon Constitution, issued by the Governor, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect. [1969 c.244 §5; 1983 c.661 §1; 1997 c.548 §1; 1999 c.1051 §55; 2021 c.199 §2]
Note: Sections 6 (2) and 8 (1), chapter 12, Oregon Laws 2020 (first special session), provide:
Sec. 6. (2)(a) Notwithstanding ORS 133.060 (1), during the time in which any declaration of a state of emergency issued by the Governor related to COVID-19, and any extension of the declaration, is in effect, and continuing for 90 days after the declaration and any extension is no longer in effect, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued.
(b) During the time in which any declaration of a state of emergency issued by the Governor related to COVID-19, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph (a) of this subsection for all proceedings within the jurisdiction of the court. [2020 s.s.1 c.12 §6(2)]
Sec. 8. (1) Section 6, chapter 12, Oregon Laws 2020 (first special session), is repealed on December 31, 2022. [2020 s.s.1 c.12 §8(1); 2021 c.199 §3(1)]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition
Section 133.005 - Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450.
Section 133.015 - Contents of information or complaint.
Section 133.030 - Who are magistrates.
Section 133.033 - Peace officer; community caretaking functions.
Section 133.055 - Criminal citation; exception for domestic disturbance; notice of rights.
Section 133.066 - Criminal citations generally.
Section 133.068 - Contents of criminal citation issued without complaint.
Section 133.069 - Contents of criminal citation issued with complaint; nonconformance.
Section 133.073 - Electronic filing of criminal citation; court rules.
Section 133.076 - Failure to appear on criminal citation.
Section 133.120 - Authority to issue warrant.
Section 133.140 - Content and form of warrant.
Section 133.220 - Who may make arrest.
Section 133.225 - Arrest by private person.
Section 133.235 - Arrest by peace officer; procedure.
Section 133.239 - Arrest by parole and probation officer; procedure.
Section 133.245 - Arrest by federal officer; procedure.
Section 133.310 - Authority of peace officer to arrest without warrant.
Section 133.315 - Liability of peace officer making arrest.
Section 133.318 - Providing false foreign restraining order; false representation to peace officer.
Section 133.375 - Definitions for ORS 133.375 to 133.381.
Section 133.400 - Recording of custodial interviews of adults.
Section 133.402 - Recording of custodial interviews of juveniles.
Section 133.403 - Voluntariness of statement by juvenile during custodial interview.
Section 133.405 - Definitions for ORS 133.405 to 133.408; provision of law enforcement services.
Section 133.407 - Immunities and liabilities; supervision; compensation; training.
Section 133.408 - Application of ORS 133.405 and 133.407.
Section 133.420 - Definitions for ORS 133.410 to 133.440.
Section 133.430 - Authority to make arrest in fresh pursuit.
Section 133.450 - Return of arrest warrant; release decision.
Section 133.455 - Receipts for property taken from person in custody; penalty.
Section 133.460 - Forfeiture of conveyances used unlawfully to conceal or transport stolen property.
Section 133.470 - Sale of seized property; rights of owner and lienholder.
Section 133.515 - Interpreter to be made available to person with a disability.
Section 133.518 - Duty of peace officer to request emergency medical services.
Section 133.525 - Definitions for ORS 133.525 to 133.703.
Section 133.535 - Permissible objects of search and seizure.
Section 133.537 - Protection of things seized; liability of agency.
Section 133.539 - Obtaining information from portable electronic devices.
Section 133.545 - Issuance of search warrant; where executable; form of application.
Section 133.565 - Contents of search warrant.
Section 133.575 - Execution of warrant.
Section 133.605 - Use of force in executing warrants.
Section 133.615 - Return of the warrant.
Section 133.617 - "Mobile tracking device" defined.
Section 133.619 - Execution of warrant authorizing mobile tracking device.
Section 133.621 - Medical procedures; immunity from liability for performing.
Section 133.623 - Handling and disposition of things seized.
Section 133.633 - Motion for return or restoration of things seized.
Section 133.643 - Ground for motion for return or restoration of things seized.
Section 133.653 - Postponement of return or restoration; appellate review; contents of order.
Section 133.663 - Disputed possession rights.
Section 133.673 - Motions to suppress evidence.
Section 133.693 - Challenge to truth of evidence.
Section 133.703 - Identity of informants.
Section 133.705 - Definitions for ORS 133.705 to 133.717.
Section 133.709 - Notice of intent to dispose; motion to preserve.
Section 133.713 - Inventory; right to review.
Section 133.715 - Order; appeal.
Section 133.717 - Provision of notice or order to defendant.
Section 133.721 - Definitions for ORS 41.910 and 133.721 to 133.739.
Section 133.731 - Inventory; contents; inspection of intercepted communications.
Section 133.735 - Suppression of intercepted communications; procedure; grounds; appeal.
Section 133.736 - Suppression of intercepted oral communication; procedure; appeal.
Section 133.737 - Disclosure and use of intercepted communications.
Section 133.745 - Determination of security requirements to carry out extradition.
Section 133.763 - Facts documents must show.
Section 133.797 - Confinement of prisoner.
Section 133.833 - Application for requisition; filing and forwarding of papers.
Section 133.843 - Written waiver of extradition proceedings.
Section 133.865 - Arrest and Return Account.
Section 133.870 - Release of booking photo by law enforcement agency.
Section 133.875 - Removal of booking photo from publication or website; liability.