As used in ORS 138.688 to 138.700: (1) “CODIS” means the Combined DNA Index System. (2) “DNA” means deoxyribonucleic acid. (3) “Exculpatory results” and “exculpatory evidence” are limited to those DNA test results or evidence that are material to a determination of the identity of the individual who committed the crime, or whether the crime […]
(1) A person may file in the circuit court in which the judgment of conviction was entered a petition requesting the commencement of a DNA testing proceeding, and requesting that the court appoint an attorney for the purpose of determining whether to file a motion under ORS 138.692 for the performance of DNA testing on […]
(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: (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; […]
(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. (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 […]
(1) If DNA testing ordered under ORS 138.692 produces inconclusive evidence or evidence that is unfavorable to the person requesting the testing: (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 […]
(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. (2) The state may appeal to the […]
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: (1) The […]
(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: (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 […]
[1963 c.600 §1; renumbered 151.210]
[1963 c.600 §2; 1969 c.314 §6; renumbered 151.270]
[1963 c.600 §3; renumbered 151.280]
[1963 c.600 §4(1),(3),(4),(5),(6),(7); renumbered 151.220]
[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]
[1963 c.600 §5(1),(2),(3); renumbered 151.240]
[1963 c.600 §6; 1967 c.372 §6; renumbered 151.250]
[1963 c.600 §7; renumbered 151.260]
[1963 c.600 §13; renumbered 151.290]
[1955 c.662 §2; 1959 c.558 §42; renumbered 138.410]
[1955 c.662 §3; 1959 c.558 §43; renumbered 138.420]
[1955 c.662 §4; renumbered 138.430]
