ORS 135.705¹
Satisfaction of injured person
  • dismissal of charges

(1)(a) If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, enter a judgment dismissing the accusatory instrument.

(b) For purposes of paragraph (a) of this subsection, a written acknowledgment that a civil penalty under ORS 30.875 (Civil damages for shoplifting or taking of agricultural produce) has been paid is not evidence that the person injured has received full satisfaction for the injury and is not a compromise under this section.

(2) As used in this section, “costs” includes those expenses specially incurred by the state in prosecuting the defendant, including costs under ORS 151.505 (Authority of court to order repayment of costs related to provision of appointed counsel) for the compensation of counsel appointed pursuant to ORS 135.045 (Court appointment of counsel) or 135.050 (Eligibility for court-appointed counsel) and fees and expenses paid under ORS 135.055 (Compensation and expenses of appointed counsel). [Formerly 134.020; 1981 s.s. c.3 §121; 1985 c.540 §34; 1985 c.710 §4; 1987 c.803 §25; 1999 c.925 §1; 2003 c.449 §28; 2009 c.484 §9]

See also annota­tions under ORS 134.020 in permanent edi­tion.

Notes of Decisions

The power to compromise is in the court, not the injured party; “satisfac­tion” requires only repay­ment of the amount stolen, not con­sent of the injured party to the compromise. State v. Dumond, 270 Or 854, 530 P2d 32 (1974)

ORS 135.755 (Dismissal on motion of court or district attorney) must be read together with ORS 135.703 (Crimes subject to being compromised) and this sec­tion. State v. Martindale, 30 Or App 1127, 569 P2d 659 (1977), Sup Ct review denied

Court dismissing indict­ment has discre­tion to determine amount and method for defendant’s pay­ment of costs and expenses. State v. Belles, 68 Or App 910, 683 P2d 1027 (1984)

Agree­ment, after negotia­tions by father of girl, to accept $5,000 from father of defendant for “loss of face” resulting from intercourse between defendant and girl was not enforceable civil compromise under this sec­tion requiring dismissal of charge of contributing to sexual de­lin­quen­cy of mi­nor as such agree­ment did not acknowledge satisfac­tion in writing by “the per­son injured.” State v. Phak, 91 Or App 160, 754 P2d 31 (1988)

Custodial parent may not agree to civil compromise on behalf of mi­nor victim because custodial parent does not have authority to contract on behalf of mi­nor child. State v. Fitterer, 109 Or App 541, 820 P2d 841 (1991), Sup Ct review denied

Pay­ment of civil penalty as provided under ORS 30.875 (Civil damages for shoplifting or taking of agricultural produce) is civil compromise allowing dismissal of accusatory instru­ment. State v. Johnsen, 327 Or 415, 962 P2d 689 (1998)

Defendant, who was charged after damaging employer’s vehicle, repairs to which were paid for by employer’s insurer and who then entered into valid civil compromise under ORS 135.703 (Crimes subject to being compromised) with employer but not with insurer, is eligible for dismissal because employer, not insurer, is per­son injured by defendant’s crim­i­nal acts. State v. Ferguson, 261 Or App 497, 323 P3d 496 (2014)

Law Review Cita­tions

10 WLJ 187, 188 (1974)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information