(2) If the cited person fails to appear at the time, date and court specified in the criminal citation, and a complaint or information is filed, the magistrate shall issue a warrant of arrest, upon application for its issuance, upon the person’s failure to appear.
(3)(a) Notwithstanding subsection (1) of this section, during a period of statewide emergency, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued.
(b) During a period of statewide emergency, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph (a) of this subsection for all proceedings within the jurisdiction of the court.
(c) The presiding judge may delegate the authority described in paragraph (b) of this subsection to another judge of the court.
(d) Nothing in this subsection affects the rights of a defendant under the Oregon and United States Constitutions.
(e) As used in this subsection, "period of statewide emergency" means the period of time during which any declaration of a state of emergency under ORS 401.165, public health emergency under ORS 433.441 or catastrophic disaster under Article X-A, section 1, of the Oregon Constitution, issued by the Governor, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect. [1969 c.244 §5; 1983 c.661 §1; 1997 c.548 §1; 1999 c.1051 §55; 2021 c.199 §2]
Note: Sections 6 (2) and 8 (1), chapter 12, Oregon Laws 2020 (first special session), provide:
Sec. 6. (2)(a) Notwithstanding ORS 133.060 (1), during the time in which any declaration of a state of emergency issued by the Governor related to COVID-19, and any extension of the declaration, is in effect, and continuing for 90 days after the declaration and any extension is no longer in effect, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued.
(b) During the time in which any declaration of a state of emergency issued by the Governor related to COVID-19, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph (a) of this subsection for all proceedings within the jurisdiction of the court. [2020 s.s.1 c.12 §6(2)]
Sec. 8. (1) Section 6, chapter 12, Oregon Laws 2020 (first special session), is repealed on December 31, 2022. [2020 s.s.1 c.12 §8(1); 2021 c.199 §3(1)]