Consultation with victim regarding plea discussions
(1) In any case involving a defendant charged with a violent felony:
(a) If the victim requests within the time period designated in the notice received under ORS 147.417 (Victim to be notified of constitutional rights), the district attorney shall consult the victim regarding plea discussions before making a final plea agreement; and
(b) Before the judge accepts a plea of guilty or no contest, the judge shall ask the district attorney if the victim requested to be notified and consulted regarding plea discussions. If the victim has made such a request, the judge shall ask the district attorney if the victim agrees or disagrees with the plea discussions and agreement and the victim’s reasons for agreement or disagreement.
(2) As used in this section, "violent felony" means a person felony as defined in the rules of the Oregon Criminal Justice Commission.
(3) Failure to comply with this section does not affect the validity of a plea. [1997 c.313 §3]
Note: 135.406 (Consultation with victim regarding plea discussions) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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