2015 ORS 135.280¹
Arrest warrant
  • forfeiture

(1) Upon failure of a person to comply with any condition of a release agreement or personal recognizance, the court having jurisdiction may, in addition to any other action provided by law, issue a warrant for the arrest of the person at liberty upon a personal recognizance, conditional or security release.

(2) A warrant issued under subsection (1) of this section by a municipal judge may be executed by any peace officer authorized to execute arrest warrants.

(3) If the defendant does not comply with the conditions of the release agreement, the court having jurisdiction shall enter an order declaring the entire security amount to be forfeited. Notice of the order of forfeiture shall be given forthwith by personal service, by mail or by such other means as are reasonably calculated to bring to the attention of the defendant and, if applicable, of the sureties the order of forfeiture. If, within 30 days after the court declares the forfeiture, the defendant does not appear or satisfy the court having jurisdiction that appearance and surrender by the defendant was, or still is, impossible and without fault of the defendant, the court shall enter judgment for the state, or appropriate political subdivision thereof, against the defendant and, if applicable, the sureties for the entire security amount set under ORS 135.265 (Security release) and the costs of the proceedings. At any time before or after entry of the judgment, the defendant or the sureties may apply to the court for a remission of the forfeiture or to modify or set aside the judgment. The court, upon good cause shown, may remit the forfeiture or any part thereof or may modify or set aside the judgment as in other criminal cases, except the portion of the security deposit that the court ordered to be applied to child support under subsection (4) of this section, as the court considers reasonable under the circumstances of the case. The court shall adopt procedures to ensure that the amount deposited under ORS 135.265 (Security release) is available for a reasonable period of time for disposition under subsection (4) of this section.

(4) After entry of a judgment for the state, the court, upon a motion filed under ORS 25.715 (Child support paid from security deposit), may order that a portion of the security deposit be applied to any unsatisfied child support award owed by the defendant and to provide security for child support payments in accordance with ORS 25.230 (Court authorized to require security for support payments). The portion of the security deposit that may be applied to the child support award:

(a) Is limited to the amount deposited under ORS 135.265 (Security release) (2);

(b) May not exceed 66 percent of the entire security amount set under ORS 135.265 (Security release) if the deposit has been made under ORS 135.265 (Security release) (3); and

(c) Does not reduce the money award in the judgment entered under subsection (3) of this section that is owed to the state.

(5) When judgment is entered in favor of the state, or any political subdivision of the state, on any security given for a release, the judgment may be enforced as a judgment in a civil action. If entered in circuit court, the judgment shall be entered in the register, and the clerk of the court shall note in the register that the judgment creates a judgment lien. The district attorney, county counsel or city attorney may have execution issued on the judgment and deliver same to the sheriff to be executed by levy on the deposit or security amount made in accordance with ORS 135.265 (Security release), or may collect the judgment as otherwise provided by law. The proceeds of any execution or collection shall be used to satisfy the judgment and costs and paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or paid over as directed by the State Court Administrator for deposit in the Criminal Fine Account, if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The provisions of this section shall not apply to amounts deposited upon appearance under ORS 153.061 (Appearance by defendant).

(6) When the judgment of forfeiture is entered, the security deposit or deposit with the clerk is, by virtue of the judgment alone and without requiring further execution, forfeited to and may be kept by the state or its appropriate political subdivision. Except as provided in subsection (4) of this section, the clerk shall reduce, by the value of the deposit so forfeited, the debt remaining on the judgment and shall cause the amount on deposit to be transferred to the revenue account of the state or political subdivision thereof entitled to receive the proceeds of execution under this section.

(7) The stocks, bonds, personal property and real property shall be sold in the same manner as in execution sales in civil actions and the proceeds of such sale shall be used to satisfy all court costs, prior encumbrances, if any, and from the balance a sufficient amount to satisfy the judgment shall be paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or deposited in the General Fund available for general governmental expenses if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The balance shall be returned to the owner. The real property sold may be redeemed in the same manner as real estate may be redeemed after judicial or execution sales in civil actions. [1973 c.836 §155; 1981 s.s. c.3 §113; 1983 c.763 §45; 1987 c.710 §1; 1987 c.905 §15; 1995 c.658 §74; 1997 c.801 §64; 1999 c.1051 §250; 2001 c.705 §2; 2001 c.829 §10b; 2003 c.576 §161; 2005 c.700 §5; 2011 c.597 §41]

See also annota­tions under ORS 135.130 and 140.410 to 140.670 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statute (Ors 140.610)

When a crim­i­nal defendant, free on bail, is convicted and imprisoned in a foreign state and does not appear before the Oregon court at the time appointed, forfeiture of bail is not improper as a matter of law. Umatilla County v. Resolute Ins. Co., 8 Or App 318, 493 P2d 731 (1972), Sup Ct review denied

Law Review Cita­tions

In General

53 OLR 311, 312, 319, 321, 322 (1974)

See also annota­tions under ORS 135.190 in permanent edi­tion.

Notes of Decisions

Enact­ment of these sec­tions did not deprive bail bondsmen of their right to engage in the bail bond business, and did not violate the pro­vi­sions of the Oregon or United States Constitu­tions. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)

The pretrial release pro­vi­sions of ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) do not violate Art. I, §14 of the Oregon Constitu­tion. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)

No one may be released from custody without executing and filing release agree­ment with clerk of court. Knutson v. Cupp, 287 Or 489, 601 P2d 129 (1979)

Atty. Gen. Opinions

Security release deposits as bail, (1979) Vol 40, p 139

Law Review Cita­tions

53 OLR 273-337 (1974); 66 OLR 661 (1987)


1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.