2017 ORS 358.937¹
Declination to prosecute certain violations
  • notice required
  • authority of Attorney General to prosecute
  • requirement to provide investigatory reports to Commission on Indian Services

(1)(a) If a district attorney of a county declines to prosecute a violation of ORS 358.920 (Prohibited conduct) or 390.235 (Permits and conditions for excavation or removal of archaeological or historical material) for a reason other than insufficient admissible evidence, within 30 days of the declination the district attorney shall give written notice of the declination to the Attorney General. The notice must contain the reasons underlying the declination to prosecute. Upon receipt of the notice, the Attorney General may take full charge of any investigation of, or prosecution for, conduct in violation of ORS 358.920 (Prohibited conduct) or 390.235 (Permits and conditions for excavation or removal of archaeological or historical material).

(b) The Attorney General may require the aid and assistance of the district attorney in all matters pertaining to any investigation or prosecution authorized under this section and to the duties of the Attorney General in the county in which the district attorney holds office.

(2) If the Attorney General chooses to investigate or prosecute under this section, the Attorney General shall have all the powers of a district attorney including:

(a) The power to issue subpoenas;

(b) The power to prepare charging instruments; and

(c) All other powers incidental to an investigation or a prosecution authorized under this section.

(3) All costs, fees and other expenses related to the investigation or prosecution authorized under this section shall be paid by the county in which the investigation or prosecution occurs, to the same extent as if conducted by the district attorney of that county.

(4) Except as otherwise provided by law, a local law enforcement agency investigating a violation of ORS 358.920 (Prohibited conduct) or 390.235 (Permits and conditions for excavation or removal of archaeological or historical material) shall provide copies of all investigatory reports to the Commission on Indian Services.

(5) The power granted to the Attorney General by this section does not deprive a district attorney of any authority or relieve a district attorney from any duty to prosecute criminal violations of law and advise the officers of the county in which the district attorney holds office. [2017 c.242 §4]

Note: 358.937 (Declination to prosecute certain violations) was added to and made a part of 358.905 (Definitions for ORS 358.905 to 358.961) to 358.961 (Time limitations on actions or proceedings) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Law Review Cita­tions

25 EL 463 (1995)

1 Legislative Counsel Committee, CHAPTER 358—Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors358.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 358, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano358.­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.