Oregon Revised Statutes Chapter 147 § 147.504 — Scope

Scope. (1) ORS 147.500 to 147.550 effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding. A remedy for a violation of section 42 or 43, Article I of the Oregon Constitution, in any other proceeding may be enforced by writ of mandamus under ORS 34.105 to 34.240. (2) Nothing in ORS 147.500 to 147.550: (a) Affects the authority granted by law to the prosecuting attorney to assert the public’s interest, including but not limited to: (A) Asserting rights granted to victims by law; and (B) Investigating and presenting to the court evidence relating to restitution. (b) Authorizes a court to order the dismissal of a criminal proceeding or to grant a motion for judgment of acquittal, in arrest of judgment or for a new trial. (c) Reduces a defendant’s rights under the United States Constitution or authorizes the suspension of a criminal proceeding if the suspension would violate a right of a defendant guaranteed by the Oregon Constitution or the United States Constitution. [2009 c.178 §19] Note: See note under 147.500.