ORS 138.690¹
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).

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

1 Legislative Counsel Committee, CHAPTER 138—Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors138.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 138, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano138.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information