2015 ORS 810.448¹
Security for appearance of person arrested for traffic crime

A police officer may take security for the appearance of a person arrested for a traffic crime if it appears to the officer that the arrested person might fail to appear in response to a citation. Authority granted by this section is in addition to any authority to accept security under ORS 810.450 (Security for appearance of person issued citation). The authority of an officer to take security under this section is subject to all of the following:

(1) Except as otherwise provided in this section, an officer may only take security if there is no accessible magistrate or clerk or deputy clerk authorized by the magistrate.

(2) Except as otherwise provided in this section, an officer may only accept as security the following, if the following would be acceptable under ORS 810.300 (Security for appearance on traffic crime), for a security deposit for the offense for which the arrest was made:

(a) An unexpired automobile membership card described under ORS 810.330 (Use of automobile membership card as security deposit); or

(b) An unexpired guaranteed arrest bond certificate described under ORS 810.320 (Use of guaranteed arrest bond certificate as security deposit).

(3) An officer may take security for offenses described in this subsection whether or not there is an accessible magistrate or clerk or deputy clerk authorized by the magistrate. This subsection applies to the following offenses for which a jail sentence may be imposed:

(a) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400 (Failure to comply with commercial vehicle enforcement requirements).

(b) Violation of posted weight limits under ORS 818.040 (Violation of posted weight limits).

(4) An officer who takes security under this section shall give a receipt for the security accepted and shall issue the person a citation to appear before a court having jurisdiction of the offense.

(5) An officer shall promptly cause any security accepted under this section to be delivered to the court for disposition as provided under ORS 810.300 (Security for appearance on traffic crime). [Formerly 810.440]


1 Legislative Counsel Committee, CHAPTER 810—Road Authorities; Courts; Police; Other Enforcement Officials, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors810.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.