Communication to defendant as to use of name in accusatory instrument
- • effect of acknowledging true name at arraignment
(1) When the defendant is arraigned, the defendant shall be informed that:
(a) If the name by which the defendant is charged in the accusatory instrument is not the true name of the defendant the defendant must then declare the true name; and
(b) If the defendant does not declare the true name as required by paragraph (a) of this subsection, the defendant is ineligible for any form of release other than a security release under ORS 135.265 (Security release).
(2) The defendant or the attorney for the defendant may acknowledge the true name of the defendant at arraignment and the acknowledgment may not be used against the defendant at trial on the underlying charge or any other criminal charge or fugitive complaint except that:
(a) The use of different names can be used in determining the defendant’s release status if the defendant has used different names in different proceedings; and
(b) A defendant who intentionally falsifies the defendant’s name under this section or ORS 135.065 (Name used in further proceedings) while under oath or affirmation is subject to prosecution under ORS 162.065 (Perjury).
(3) As used in this section and ORS 135.065 (Name used in further proceedings), "true name" means:
(a) The name on the defendant’s birth certificate;
(b) The defendant’s birth name; or
(c) If the defendant’s name has been changed by court order or by operation of law, the name as changed by court order or operation of law. [Formerly 135.340; 2003 c.645 §4]
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.