2017 ORS 132.557¹
Indictment must contain subcategory facts under certain circumstances

(1) When a person is charged with a crime committed on or after November 1, 1989, that includes subcategories under the rules of the Oregon Criminal Justice Commission, the state is required to plead specially in the indictment, in addition to the elements of the crime, any subcategory fact on which the state intends to rely to enhance the crime for sentencing purposes. The state shall plead the elements and subcategory facts in a single count. Nothing in this subsection precludes the pleading of alternative theories.

(2) The state must prove each subcategory fact beyond a reasonable doubt and the jury shall return a special verdict of “yes” or “no” on each subcategory fact submitted. [1995 c.520 §6]

Note: 132.557 (Indictment must contain subcategory facts under certain circumstances) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 132 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Where, in addi­tion to ele­ments of crime, state pleads subcategory fact to enhance crime for sen­ten­cing purposes, defendant cannot collaterally attack jury verdict re­gard­ing fact by challenging imposi­tion of enhanced sen­tence. State v. Mihm, 157 Or App 262, 972 P2d 890 (1998), Sup Ct review denied

Law Review Cita­tions

2 EL 230-274 (1971)

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.