Oregon Code § 135.418·Enacted ·Last updated March 01, 2026
Statute Text
Prohibited plea agreement provisions.
(1) A prosecuting attorney may not condition a defendants plea offer on:
(a) The defendants
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]