2017 ORS 137.105¹
Authority of trial court during pendency of appeal

(1) The trial court retains authority during the pendency of an appeal to determine restitution and to enter a supplemental judgment specifying the amount and terms of restitution or an order denying restitution.

(2) If the trial court enters a supplemental judgment or an order under subsection (1) of this section during the pendency of an appeal, the trial court administrator shall immediately provide a copy of the supplemental judgment or the order to the appellate court. [2017 c.529 §19]

Note: 137.105 (Authority of trial court during pendency of appeal) was added to and made a part of 137.101 (Compensatory fine) to 137.109 (Effect of restitution order on other remedies of victim) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Type and amount of restitu­tion is limited to that which would be recovered as special damages in civil ac­tion and, where sub­se­quent civil ac­tion is barred, further restitu­tion is barred. State v. Rodriguez, 88 Or App 429, 745 P2d 811 (1987), Sup Ct review denied; State v. Thompson, 138 Or App 247, 908 P2d 329 (1995)

1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors137.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 137, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano137.­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.