ORS 138.698¹
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 (Motion for DNA testing), 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 period of limitation established for the offense under ORS 131.125 (Time limitations) to 131.155 (Tolling of statute); or

(2) Notwithstanding ORS 131.125 (Time limitations) and 131.155 (Tolling of statute), two years after the date the conviction was set aside. [2005 c.759 §3; 2019 c.368 §10]

Note: See note under 138.688 (Definitions).

1 Legislative Counsel Committee, CHAPTER 138—Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors138.­html (2019) (last ac­cessed May 16, 2020).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
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