ORS 153.083
Who may present evidence

Amended by HB 4109

Effective since June 6, 2024

Relating to transportation; creating new provisions; amending ORS 153.054, 153.083, 319.023, 468.446, 468.448, 468.449, 810.444 and 811.609 and section 14, chapter 30, Oregon Laws 2010; repealing ORS 810.439, 810.443 and 810.445; and prescribing an effective date.

Text
Annotations

(1)

(a)

The application of statutes and rules to the facts in the case;

(b)

The literal meaning of the statutes or rules at issue in the case;

(c)

The admissibility of evidence; and

(d)

Proper procedures to be used in the trial.

(2)

Notwithstanding ORS 9.160 (Bar membership required to practice law) and 9.320 (Necessity for employment of attorney), in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the duly authorized traffic enforcement agent who issued the citation for the offense may present the evidence reviewed by the agent as the basis for issuing a citation under ORS 810.436 (Citations based on photo red light), 810.437 (Citations for speeding based on photo red light) or 810.444 (Citations based on photo radar in urban high crash corridors).

(3)

Notwithstanding ORS 9.160 (Bar membership required to practice law) and 9.320 (Necessity for employment of attorney), in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the weighmaster or motor carrier enforcement officer who issued the citation for the offense may present the evidence reviewed by the weighmaster or motor carrier enforcement officer as the basis for issuing a citation listed under ORS 810.530 (Authority of weighmasters and motor carrier enforcement officers).

(4)

Intentionally left blank —Ed.

(a)

As used in this section, “duly authorized traffic enforcement agent” means an individual who:

(A)

Is employed, appointed and duly sworn in by the governing body of the incorporated city in which the agent performs the agent’s duties; and

(B)

Has completed all necessary technical, administrative and other training to review photographs and issue citations under ORS 810.436 (Citations based on photo red light), 810.437 (Citations for speeding based on photo red light) or 810.444 (Citations based on photo radar in urban high crash corridors).

(b)

Duly authorized traffic enforcement agents are not police officers as defined in ORS 801.395 (“Police officer.”). [1999 c.805 §1; 1999 c.805 §2; 2003 c.305 §1; 2022 c.64 §4; 2023 c.400 §15]

Note: 153.083 (Who may present evidence) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 153 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 153.083 — Who may present evidence, https://www.oregonlegislature.gov/bills_laws/ors/ors153.html.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 153.083 Who may present evidence

Amended by HB 4109

(1)

(a)

(b)

(c)

(d)

(2)

(3)

(4)

(a)

(A)

(B)

(b)

ORS 153.083
Who may present evidence