(2) If the court dismisses the accusatory instrument under subsection (1) of this section and:
(a) The instrument charges a felony or Class A misdemeanor, the dismissal is not a bar to another action for the same offense unless the court so orders.
(b) The instrument charges an offense other than a felony or Class A misdemeanor, the dismissal shall be a bar to another action for the same offense.
(3) If the dismissal is a bar to another action for the same offense, the court shall follow the procedures described in ORS 135.680 concerning the defendant’s release. [Amended by 1973 c.836 §228; 2017 c.529 §5]
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