ORS 138.690
Commencement of DNA testing proceedings

  • discovery

(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 (Motion for DNA testing) for the performance of DNA testing on specific evidence, if the person has been convicted of aggravated murder or a felony in which DNA evidence could exist and is related to the investigation or prosecution that resulted in the judgment of conviction.

(2)

After proceedings have been commenced under subsection (1) of this section:

(a)

Upon motion of the person, the court shall order that the person be provided with a copy of property and evidence control and disposition records for all evidence related to the investigation or prosecution that resulted in the judgment of conviction. If forensic testing on the evidence has previously occurred, the court shall further order that the person be provided with access to the results of the testing and to any other written materials related to the testing, including reports, underlying data, notes and protocols.

(b)

Upon motion of the person and a showing that good faith efforts to obtain discovery materials from prior defense counsel were made and were unsuccessful, the court shall order that the person be provided reasonable access to discovery materials in the possession of the district attorney and law enforcement agencies that the person would have received under ORS 135.815 (Disclosure to defendant) prior to trial.

(3)

At any time after a person files a petition under subsection (1) of this section, the person may file a motion to dismiss the proceeding on the grounds that the person does not wish to proceed with DNA testing. Upon receipt of the motion, the court shall dismiss the petition without prejudice.

(4)

The court may not charge a fee for any filing under ORS 138.688 (Definitions) to 138.700 (Entry of unidentified profile into DNA databases).

(5)

The State Court Administrator shall develop forms for proceedings under ORS 138.688 (Definitions) to 138.700 (Entry of unidentified profile into DNA databases). The State Court Administrator shall provide the forms to the clerk of each circuit court, who shall make the forms available to the public.

(6)

ORS 138.688 (Definitions) to 138.700 (Entry of unidentified profile into DNA databases) are not the exclusive means by which a person convicted of a crime may obtain post-conviction DNA testing, and nothing in ORS 138.688 (Definitions) to 138.700 (Entry of unidentified profile into DNA databases) limits or affects any other means by which a person convicted of a crime may obtain post-conviction DNA testing.

(7)

If the victim did not request notification under ORS 147.433 (Rights afforded upon request), the district attorney may provide notification upon the filing of a petition under this section if the name and address of the victim are known to the district attorney. [2001 c.697 §1; 2005 c.759 §1; 2007 c.800 §1; 2015 c.564 §1; 2019 c.368 §3]
Note: See note under 138.688 (Definitions).

Source: Section 138.690 — Commencement of DNA testing proceedings; discovery, https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html.

Notes of Decisions

Successful motion for DNA testing under this section yields, at best, order for DNA testing and therefore is not post-conviction attack on validity of conviction, sentence, competency of counsel or plea proceeding. State v. Johnson, 278 Or App 344, 374 P3d 998 (2016), Sup Ct review denied

138.005
Definitions for ORS 138.010 to 138.310
138.010
Mode of review
138.015
Statutes applicable to appeals
138.020
Who may appeal
138.030
Parties designated “appellant” and “respondent”
138.035
Appeal by defendant
138.045
Appeal by state
138.052
Appeal from judgment of conviction and sentence of death
138.057
Appeal from judgment involving violation
138.065
Appeal from judgment or order deciding special statutory proceeding
138.071
Time within which appeal must be taken
138.081
Service and filing of notice of appeal
138.085
Content requirements for certain notices of appeal
138.090
Signature to notice of appeal
138.105
Appeal by defendant
138.115
Appeal by state
138.210
Failure to file brief by appellant
138.225
Summary affirmation
138.227
Joint motion to vacate and remand
138.255
Court of Appeals certification of appeal to Supreme Court in lieu of disposition
138.257
Determination on appeal
138.261
Time within which certain appeals must be decided
138.275
Notice to parties concerning modified judgment or order or supplemental judgment
138.285
Order staying execution of sentence
138.295
Stay of judgment or order on appeal by state
138.305
Delivery of defendant under sentence of imprisonment to intake center
138.310
Notice to court below when public defense services executive director certifies costs, expenses or compensation
138.480
Public Defense Services Commission to provide representation for prisoner in proceeding before appellate court
138.500
Appointment of counsel and furnishing of transcript for appellant without funds
138.504
Waiver of counsel
138.510
Persons who may file petition for relief
138.520
Relief which court may grant
138.525
Dismissal of meritless petition
138.527
Frivolous petition or response
138.530
When relief must be granted
138.540
Petition for relief as exclusive remedy for challenging conviction
138.550
Availability of relief as affected by prior judicial proceedings
138.560
Procedure upon filing petition for relief
138.570
Who shall be named as defendant
138.580
Petition
138.585
Access to confidential jury records
138.590
Petitioner may proceed as a financially eligible person
138.610
Pleadings
138.615
Disclosure of witness information
138.620
Hearing
138.622
Appearance by communication device
138.625
Victim testimony
138.627
Victim’s rights
138.630
Evidence of events occurring at trial of petitioner
138.640
Judgment
138.650
Appeal
138.660
Summary affirmation of judgment
138.665
Remand for reconsideration of judgment or order
138.670
Admissibility, at new trial, of testimony of witness at first trial
138.680
Short title
138.686
Automatic stay of sentence of death for federal appeal and state post-conviction relief
138.688
Definitions
138.690
Commencement of DNA testing proceedings
138.692
Motion for DNA testing
138.694
Appointed counsel
138.696
Test results
138.697
Appeal of court order
138.698
Effect of setting aside conviction on plea agreement
138.700
Entry of unidentified profile into DNA databases
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