ORS § 135.753

Current through 2024 Regular Session legislation effective June 6, 2024
Section 135.753 - [Operative 9/1/2024] Effect of dismissal
(1) If the court directs the charge or action to be dismissed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement is exonerated and security deposited shall be refunded to the defendant.
(2) An order for the dismissal of a charge or action, as provided in ORS 135.703 to 135.709 and 135.745 to 135.757, is a bar to another prosecution for the same crime if the crime is a Class B or C misdemeanor; but it is not a bar if the crime charged is a Class A misdemeanor, a misdemeanor described in section 35 of this 2024 Act or a felony.
(3) If any charge or action is dismissed for the purpose of consolidation with one or more other charges or actions, then any such dismissal shall not be a bar to another prosecution for the same offense.

ORS 135.753

Amended by 2024 Ch. 70,§ 46a, eff. 4/1/2024, op. 9/1/2024.
Formerly 134.140; 1975 c.198 §1
This section is set out more than once due to postponed, multiple, or conflicting amendments.