2017 ORS 132.430¹
Finding against indictment
  • indorsement “not a true bill”

Finding against indictment; indorsement “not a true bill.” (1) When a person has been held to answer a criminal charge and the indictment in relation thereto is not found “a true bill,” it must be indorsed “not a true bill,” which indorsement must be signed by the foreman and filed with the clerk of the court, in whose office it shall remain a public record. In the case of an indictment not found “a true bill” against a person not so held, the same, together with the minutes of the evidence in relation thereto, must be destroyed by the grand jury.

(2) When an indictment indorsed “not a true bill” has been filed with the clerk of the court, the effect thereof is to dismiss the charge; and the same cannot be again submitted to or inquired of by the grand jury unless the court so orders. [Amended by 1973 c.836 §54]

Note: The amendments to 132.430 (Finding against indictment) by section 6, chapter 650, Oregon Laws 2017, become operative July 1, 2019. See section 18, chapter 650, Oregon Laws 2017. The text that is operative on and after July 1, 2019, is set forth for the user’s convenience.

132.430 (Finding against indictment). (1) When a person has been held to answer a criminal charge and the indictment in relation thereto is not found “a true bill,” the indictment must be indorsed “not a true bill,” which indorsement must be signed by the foreman and filed with the clerk of the court, in whose office it shall remain a public record. In the case of an indictment not found “a true bill” against a person who has not been held to answer a criminal charge, the indictment must be destroyed by the grand jury.

(2) When an indictment indorsed “not a true bill” has been filed with the clerk of the court, the effect is to dismiss the charge, and the charge cannot be again submitted to or inquired of by the grand jury unless the court so orders.

Notes of Decisions

When a grand jury indicts for a certain crime based upon a certain set of facts it does not automatically render a “not true bill” on any greater of­fense under which the defendant might have been indicted. State v. Rankin, 21 Or App 721, 536 P2d 538 (1975)

Where first grand jury returned two rape indict­ments and did not act on other alleged rapes, and sec­ond grand jury indicted defendant on nine other charges, dismissal of indict­ments was not re­quired by this sec­tion because defendant had not been taken into custody or otherwise “held to answer” on any charge prior to sec­ond grand jury. State v. Harwood, 45 Or App 931, 609 P2d 1312 (1980), Sup Ct review denied

This sec­tion does not control the right of district attorney to file misdemeanor complaint in district court based on same incident as that giving rise to felony charge from which “not true bill” was returned. State v. Gonzales, 56 Or App 17, 641 P2d 42 (1982), Sup Ct review denied

In exercising discre­tion to allow or deny resubmission of charges to grand jury, trial court must determine, after considering averred facts, whether resubmission is in interest of justice. State v. Stokes, 350 Or 44, 248 P3d 953 (2011)

Chapter 132

Notes of Decisions

A circuit court has no authority to order the wholesale recorda­tion and preserva­tion of grand jury testimony under either statutory or common law. State ex rel Johnson v. Roth, 276 Or 883, 557 P2d 230 (1976)

Where defendant was found in contempt for failure to comply with grand jury sub­poe­na, circuit court had no authority to examine grand jury testimony or discuss its content for the sole purpose of determining the sen­tence to impose. State v. Applegate, 41 Or App 287, 597 P2d 1290 (1979), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 132—Grand Jury, Indictments and Other Accusatory Instruments, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors132.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 132, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano132.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.