Chapter 138 — Chapter 138
119 sections in this chapter.
ORS 138.692 Motion for DNA testing; declaration; court order; costs. (1) After a person files a petition under ORS 138.690, the person may file a motion requesting the performance of DNA testing on evidence. The motion must be supported by
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(a) A declaration by the person made under penalty of perjury that the person is innocent of the offense for which the person was convicted; and (b) A statement that: (A) Identifies the evidence to be tested with as much specificity as is reasonably practicable. The evidence must…
ORS 138.694 Appointed counsel. (1) A person described in ORS 138.690 is entitled to counsel during all stages of the proceedings described in ORS 138.692, 138.696, 138.697 and 138.700
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(2) A person described in ORS 138.690 may file a petition in the circuit court in which the judgment of conviction was entered requesting the appointment of counsel at state expense to assist the person in determining whether to file a motion under ORS 138.692. The petition must …
ORS 138.696 Test results; motion for new trial. (1) If DNA testing ordered under ORS 138.692 produces inconclusive evidence or evidence that is unfavorable to the person requesting the testing
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(a) The court shall forward the results to the State Board of Parole and Post-Prison Supervision; and (b) The Department of State Police shall compare the evidence to DNA evidence from unsolved crimes in the Combined DNA Index System. (2) If DNA testing ordered under ORS 138.692 …
ORS 138.697 Appeal of court order. (1) A person described in ORS 138.690 may appeal to the Court of Appeals from a circuit court’s final order or judgment denying or limiting DNA testing under ORS 138.692, denying appointment of counsel under ORS 138.694 or denying a motion for a new trial under ORS 138.696
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(2) The state may appeal to the Court of Appeals from a circuit court’s final order or judgment granting a motion for DNA testing under ORS 138.692 or granting a motion for a new trial under ORS 138.696. (3) The time limits described in ORS 138.071, the notice requirements descri…
ORS 138.698 Effect of setting aside conviction on plea agreement. When a conviction has been set aside as the result of evidence obtained through DNA testing conducted under ORS 138.692, the prosecution of any offense that was dismissed or not charged pursuant to a plea agreement that resulted in the conviction that has been set aside may be commenced within the later of
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(1) The period of limitation established for the offense under ORS 131.125 to 131.155; or (2) Notwithstanding ORS 131.125 and 131.155, two years after the date the conviction was set aside. [2005 c.759 §3; 2019 c.368 §10] Note: See note under 138.688.
ORS 138.700 Entry of unidentified profile into DNA databases; motion for laboratory evaluation; court order. (1) If DNA testing ordered under ORS 138.692 produces an unidentified DNA profile, upon motion of a party the court may order an NDIS-participating laboratory within this state to
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(a) Enter the DNA profile into the National DNA Index System; or (b) Enter the DNA profile into the State DNA Index System if the profile meets all applicable requirements. (2) Notwithstanding subsection (1)(a) of this section, the DNA profile shall only be compared to the Nation…
ORS 138.710 [1963 c.600 §1; renumbered 151.210]
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[Repealed or reserved.]
ORS 138.720 [1963 c.600 §2; 1969 c.314 §6; renumbered 151.270]
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[Repealed or reserved.]
ORS 138.730 [1963 c.600 §3; renumbered 151.280]
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[Repealed or reserved.]
ORS 138.740 [1963 c.600 §4(1),(3),(4),(5),(6),(7); renumbered 151.220]
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[Repealed or reserved.]
ORS 138.750 [Subsection (1) enacted as 1963 c.600 §4(2); subsection (2) enacted as 1963 c.600 §5(4); 1967 c.35 §1; 1969 c.644 §1; 1971 c.642 §3; renumbered 151.230]
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[Repealed or reserved.]
ORS 138.760 [1963 c.600 §5(1),(2),(3); renumbered 151.240]
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[Repealed or reserved.]
ORS 138.770 [1963 c.600 §6; 1967 c.372 §6; renumbered 151.250]
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[Repealed or reserved.]
ORS 138.780 [1963 c.600 §7; renumbered 151.260]
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[Repealed or reserved.]
ORS 138.790 [1963 c.600 §13; renumbered 151.290]
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[Repealed or reserved.]
ORS 138.810 [1955 c.662 §2; 1959 c.558 §42; renumbered 138.410]
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[Repealed or reserved.]
ORS 138.820 [1955 c.662 §3; 1959 c.558 §43; renumbered 138.420]
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[Repealed or reserved.]
ORS 138.830 [1955 c.662 §4; renumbered 138.430]
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[Repealed or reserved.]
ORS 138.840 [1955 c.662 §5; 1959 c.558 §44; renumbered 138.440]
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