1. (1) The juvenile court, after a hearing, except as provided in ORS 419C.364 or 419C.370, may waive a youth under 15 years of age at the time the act was committed to circuit court for prosecution as an adult if:

   1. (a) The youth is represented by counsel during the waiver proceedings;
   2. (b) The juvenile court makes the findings required under ORS 419C.349 (2); and

   3. (c) The youth is alleged to have committed an act or acts that if committed by an adult would constitute one or more of the following crimes:

      1. (A) Murder or any aggravated form thereof under ORS 163.095, 163.107 or 163.115;
      2. (B) Rape in the first degree under ORS 163.375 (1)(a);
      3. (C) Sodomy in the first degree under ORS 163.405 (1)(a); or
      4. (D) Unlawful sexual penetration in the first degree under ORS 163.411 (1)(a).
2. (2) Notwithstanding ORS 419A.255, the district attorney may provide to the victim, at the request of the victim and pursuant to a protective order, a copy of the court’s written waiver findings and determination, if any, regardless of whether the victim appeared at the hearing or presented information to the court.

[1993 c.33 §214; 1993 c.546 §79; 1995 c.422 §78; 2019 c.634 §17; 2019 c.635 §24; 2021 c.474 §8]