ORS 135.385¹
Defendant to be advised by court

(1) The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of the charge.

(2) The court shall inform the defendant:

(a) That by a plea of guilty or no contest the defendant waives the right:

(A) To trial by jury;

(B) Of confrontation; and

(C) Against self-incrimination.

(b) Of the maximum possible sentence on the charge, including the maximum possible sentence from consecutive sentences.

(c) When the offense charged is one for which a different or additional penalty is authorized by reason of the fact that the defendant may be adjudged a dangerous offender, that this fact may be established after a plea in the present action, thereby subjecting the defendant to different or additional penalty.

(d) That if the defendant is not a citizen of the United States conviction of a crime may result, under the laws of the United States, in deportation, exclusion from admission to the United States or denial of naturalization.

(e) That if the defendant is entering a guilty plea pursuant to a plea offer and agreed disposition recommendation under ORS 135.405 (Plea discussions and plea agreements), the court will agree to impose sentence as provided in the agreed disposition recommendation.

(f) That if the defendant enters a plea of guilty or no contest to an offense involving domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), and is convicted of the offense, federal law may prohibit the defendant from possessing, receiving, shipping or transporting any firearm or firearm ammunition and that the conviction may negatively affect the defendant’s ability to serve in the Armed Forces of the United States as defined in ORS 348.282 (Definitions) or to be employed in law enforcement. [1973 c.836 §167; 1979 c.118 §1; 2001 c.635 §12; 2007 c.220 §1]

Notes of Decisions

Failure to advise defendant that con­vic­­tion could result in deporta­tion or exclusion is harmless error where defendant 1) was represented by counsel, entered plea as result of plea agree­ment and did not raise issue at trial; or 2) appears in record of case not to be alien. State v. Collins, 51 Or App 651, 626 P2d 929 (1981); State v. Vickroy, 51 Or App 659, 626 P2d 932 (1981); State v. Frizell, 51 Or App 763, 627 P2d 21 (1981); Gaffey v. State of Oregon, 55 Or App 186, 637 P2d 634 (1981)

Where defendant has prior crim­i­nal history that would expose alien to deporta­tion or exclusion, failure to instruct that deporta­tion or exclusion is possible consequence of guilty plea by alien defendant is harmless error. State v. Frizell, 51 Or App 763, 627 P2d 21 (1981)

Court is not re­quired to advise of collateral civil consequences of guilty plea, such as mandatory loss of driver license. Gaffey v. State of Oregon, 55 Or App 186, 637 P2d 634 (1981)

Imposi­tion of sen­tence not including jail time does not excuse failure to advise defendant of max­i­mum possible sen­tence. Gaffey v. State of Oregon, 55 Or App 186, 637 P2d 634 (1981)

This sec­tion requires court to address defendant per­sonally to determine understanding of nature of charge, and state­ment to all in court room that, "the rest of you in custody should listen carefully because these rights will apply to you as well..." and making no men­tion of consequences of "no contest" plea fell short of statutory require­ment. State v. Dawson, 57 Or App 420, 644 P2d 665 (1982)

Where noncitizen defendant has already been informed that con­vic­­tion may result in deporta­tion, court is not re­quired to orally inform defendant of possibility before accepting guilty plea. Lyons v. Pearce, 298 Or 554, 694 P2d 969 (1985)

This sec­tion was intended to lead trial court through catechism that would insure that defendant's waiver of constitu­tional rights would be valid and supply basis for constitu­tionally valid plea of guilty. Stelts v. State, 299 Or 252, 701 P2d 1047 (1985)

Where juvenile is charged with and admits to act that if committed by adult would be crime resulting in possible confine­ment for five years and court's advice is insufficient re­gard­ing nature of charge and consequences of admission, child cannot be deemed to have made knowing waiver and juvenile court erred in not setting admission aside. State ex rel Juv. Dept. v. Cle­ments, 95 Or App 640, 770 P2d 937 (1989)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors135.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­135ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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