2021 Oregon Revised Statutes
Chapter 135 - Arraignment and Pretrial Provisions
Section 135.855 - Material and information not subject to discovery.


(a) Work product, legal research, records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of the attorneys, peace officers or their agents in connection with the investigation, prosecution or defense of a criminal action.
(b) The identity of a confidential informant where the identity of the informant is a prosecution secret and a failure to disclose will not infringe the constitutional rights of the defendant. Except as provided in ORS 135.873, disclosure shall not be denied hereunder of the identity of witnesses to be produced at trial.
(c) Transcripts, recordings or memoranda of testimony of witnesses before the grand jury, except transcripts or recordings of statements made by the defendant.
(d) Schematics, source codes or software of an instrument that was used to test a person’s breath, blood or urine to determine the alcoholic content of the person’s blood that are not in the actual possession or control of the state.
(2) When some parts of certain material are discoverable under ORS 135.805 to 135.873 or 135.970, and other parts not discoverable, as much of the material shall be disclosed as is consistent with the provisions thereof. [1973 c.836 §218; 1999 c.304 §5; 2007 c.581 §2]

Structure 2021 Oregon Revised Statutes

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 135.050 - Eligibility for court-appointed counsel; financial statement; termination; civil liability.

Section 135.055 - Compensation and expenses of appointed counsel.

Section 135.060 - Informing defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment.

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 135.070 - Informing defendant as to charge, right to counsel, use of statement and preliminary hearing.

Section 135.085 - Subpoenaing witnesses.

Section 135.100 - Statement of defendant.

Section 135.139 - Notice of availability of testing for HIV and other communicable diseases to person charged with crime; when court may order test; victim’s rights; disclosure of test results; penalties.

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 135.242

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 135.407 - Plea agreement must contain defendant’s criminal history classification; stipulations.

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 135.455 - Notice prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice.

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 135.765 - Dismissal of criminal proceeding not brought to trial within allowed time; exceptions.

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 135.891 - Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee.

Section 135.893 - Diversion conditions related to medical use of cannabis.

Section 135.896 - Stay of criminal proceedings during period of agreement; limitation on stay; extension of stay.

Section 135.901 - Effect of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program.

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 135.957 - Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties.

Section 135.959 - Authority to contract with dispute resolution programs.

Section 135.970 - Information required when victim contacted by defense; deposition of victim; when contact with victim prohibited; effect of threats by defendant.

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.