(a) The defendant’s waiver of:
(A) The disclosure obligation of ORS 135.815 (1)(g).
(B) The ability to receive the audio recording of grand jury proceedings as permitted under ORS 132.270, if the indictment has been indorsed "a true bill."
(C) Eligibility for transitional leave under ORS 421.168.
(D) Eligibility for a reduction in the term of incarceration under ORS 421.120 or 421.121.
(E) Eligibility for any reduction in sentence, leave or release from custody or any other program for which the executing or releasing authority may consider the defendant, including programs for which the executing or releasing authority determines eligibility and programs for which consideration must be ordered by the sentencing court under ORS 137.750.
(F) The ability to set aside the conviction under ORS 137.225.
(b) A requirement that the defendant or the defense attorney stipulate to the unconstitutionality of an existing law.
(2)(a) A plea agreement may not contain a provision prohibited by subsection (1) of this section.
(b) A prohibited provision described in subsection (1) of this section in a plea agreement is contrary to public policy and is void and unenforceable.
(3) As used in this section, "executing or releasing authority" has the meaning given that term in ORS 137.750. [2018 c.37 §2; 2019 c.684 §1; 2021 c.486 §3]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 135 - Arraignment and Pretrial Provisions
Section 135.030 - When presence of defendant is required; appearance by counsel.
Section 135.037 - Omnibus hearing; when held; subject; ruling of court; counsel required.
Section 135.045 - Court appointment of counsel; waiver of counsel; appointment of legal advisor.
Section 135.055 - Compensation and expenses of appointed counsel.
Section 135.065 - Name used in further proceedings; motion to strike false name.
Section 135.067 - Effect of failure to provide true name of defendant on certain types of release.
Section 135.085 - Subpoenaing witnesses.
Section 135.100 - Statement of defendant.
Section 135.185 - Holding defendant to answer; use of hearsay evidence.
Section 135.225 - Forwarding of papers by magistrate.
Section 135.230 - Definitions for ORS 135.230 to 135.290.
Section 135.233 - Standing pretrial release orders; guidelines for orders.
Section 135.235 - Release assistance officers; appointment; duties.
Section 135.240 - Releasable offenses.
Section 135.245 - Release decision.
Section 135.246 - Release conditions related to medical use of cannabis.
Section 135.247 - Order prohibiting contact with victim of sex crime or domestic violence.
Section 135.250 - General conditions of release agreement.
Section 135.253 - Waiver of appearance at trial as release condition prohibited.
Section 135.255 - Release agreement.
Section 135.260 - Conditional release.
Section 135.265 - Security release.
Section 135.270 - Taking of security.
Section 135.275 - Seizure of security by law enforcement agency.
Section 135.280 - Arrest warrant; forfeiture.
Section 135.290 - Punishment by contempt of court.
Section 135.295 - Application of ORS 135.230 to 135.290 to certain traffic offenses.
Section 135.335 - Pleading by defendant; conditional pleas.
Section 135.355 - Presentation of plea; entry in register; forms.
Section 135.360 - Special provisions relating to presentation of plea of guilty or no contest.
Section 135.375 - Pleading to offenses in other counties.
Section 135.380 - Time of entering plea; aid of counsel.
Section 135.385 - Defendant to be advised by court; inquiry into immigration status prohibited.
Section 135.390 - Determining voluntariness of plea; nature of plea agreement.
Section 135.405 - Plea discussions and plea agreements.
Section 135.415 - Criteria to be considered in plea discussions and plea agreements.
Section 135.418 - Prohibited plea agreement provisions.
Section 135.425 - Responsibilities of defense counsel.
Section 135.432 - Judge involvement in plea discussions; responsibilities of trial judge.
Section 135.435 - Discussion and agreement not admissible.
Section 135.445 - Withdrawn plea or statement not admissible.
Section 135.470 - Motion to dismiss accusatory instrument on grounds of former jeopardy.
Section 135.510 - Grounds for motion to set aside the indictment.
Section 135.530 - Effect of allowance of motion.
Section 135.610 - Demurrer; generally.
Section 135.630 - Grounds of demurrer.
Section 135.670 - Allowance of demurrer.
Section 135.703 - Crimes subject to being compromised; exceptions.
Section 135.705 - Satisfaction of injured person; dismissal of charges.
Section 135.746 - Time period within which trial must commence.
Section 135.748 - Periods of time excluded from time limits.
Section 135.752 - When trial not commenced within time limit.
Section 135.753 - Effect of dismissal.
Section 135.760 - Notice requesting early trial on pending charge.
Section 135.763 - Trial within 90 days of notice unless continuance granted.
Section 135.767 - Presence of prisoner at proceedings.
Section 135.775 - Agreement on Detainers.
Section 135.805 - Applicability; scope of disclosure.
Section 135.815 - Disclosure to defendant.
Section 135.825 - Other disclosure to defense; special conditions.
Section 135.835 - Disclosure to the state.
Section 135.845 - Time of disclosure.
Section 135.855 - Material and information not subject to discovery.
Section 135.857 - Disclosure to victim; conditions.
Section 135.873 - Protective orders.
Section 135.881 - Definitions for ORS 135.881 to 135.901.
Section 135.886 - Requirements for diversion; factors considered.
Section 135.893 - Diversion conditions related to medical use of cannabis.
Section 135.925 - Bad check diversion program; fees.
Section 135.941 - Early disposition programs.
Section 135.942 - Purposes of program.
Section 135.943 - Provisions of program.
Section 135.948 - Availability to probationers.
Section 135.949 - Other programs authorized.
Section 135.951 - Authorization; determining when appropriate; exclusions.
Section 135.953 - How mediation may be used.
Section 135.955 - Notifying victims and person charged with crime of mediation opportunities.
Section 135.959 - Authority to contract with dispute resolution programs.
Section 135.973 - Medication use by specialty court entrant.
Section 135.980 - Rehabilitative programs directory; compilation; availability.
Section 135.983 - Court inquiry into defendant’s immigration status prohibited.
Section 135.985 - Procedure when defendant is servicemember.