ORS 136.765: Notice to defendant.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
In order to rely on an enhancement fact to increase the sentence that may be imposed in a criminal proceeding, the state shall notify the defendant of its intention to rely on the enhancement fact by: (1) Pleading the enhancement fact in the accusatory instrument; or (2) Providing written notice to the defendant of the enhancement fact, and the state’s intention to rely on it, no later than 60 days after the defendant is arraigned on an indictment, waives indictment or is held to answer following a preliminary hearing, or 14 days before trial, whichever occurs earlier, unless the parties agree otherwise or the court authorizes a later date for good cause shown. [2005 c.463 §2; 2011 c.267 §1]
Official history and status
History: Note: 136.765 to 136.785 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
This rule cites
No citations extracted.
Cited by
- ORS 40.015: Rule 101. Applicability of Oregon Evidence Code.
- ORS 132.540: Sufficiency of indictment; previous convictions; use of statutory language; when name of victim not required.
- ORS 136.433: Proving previous conviction; stipulation; presentation to jury.
- ORS 136.434: Challenge to validity of previous conviction.
- ORS 136.760: Definitions for ORS 136.765 to 136.785.
- ORS 137.767: Presentence investigation and examination.
- ORS 161.735: Procedure for determining whether defendant dangerous.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors136.html