2015 ORS 162.195¹
Failure to appear in the second degree

(1) A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after:

(a) Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the person of having committed a misdemeanor; or

(b) Having been released from a correctional facility subject to a forced release agreement under ORS 169.046 (Notice of county jail population emergency) in connection with a charge against the person of having committed a misdemeanor.

(2) Failure to appear in the second degree is a Class A misdemeanor. [1971 c.743 §195; 1973 c.836 §343; 1993 c.533 §5; 1999 c.1051 §69; 2001 c.517 §3; 2003 c.320 §1]

Notes of Decisions

While trial court did not err in entering separate con­vic­­tions for viola­tion of each release agree­ment requiring appearance on specified date, defendant could be sen­tenced only for one crime. State v. Eastman, 112 Or App 256, 828 P2d 484 (1992)

"Release agree­ment" has meaning given in ORS 135.230 (Definitions for ORS 135.230 to 135.290) and applies only to time period before entry of judg­ment or during ap­peal. State v. Tally, 184 Or App 715, 57 P3d 592 (2002)

Place of confine­ment of defendant prior to release under release agree­ment or security release is not ma­te­ri­al ele­ment of of­fense. State v. Duvall, 187 Or App 316, 67 P3d 424 (2003)

Where per­son failed to appear at hearing in connec­tion with diversion agree­ment that suspended of­fense pro­ceed­ing, failure was in connec­tion with charge against per­son. State v. McCoin, 193 Or App 623, 91 P3d 760 (2004)

Where multiple of­fenses are covered by single release agree­ment, failure to appear is single viola­tion. State v. Camarena-Velasco, 207 Or App 19, 139 P3d 979 (2006)

Defendant, who was released on security release but without evidence of sworn writing in release agree­ment to appear, may be convicted for sec­ond-de­gree failure to appear. State v. Taylor, 258 Or App 737, 311 P3d 953 (2013), Sup Ct review denied

Chapter 162

Law Review Cita­tions

51 OLR 427-637 (1972)


1 Legislative Counsel Committee, CHAPTER 162—Offenses Against the State and Public Justice, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors162.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 162, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano162.­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.