2021 Oregon Revised Statutes
Chapter 138 - Appeals; Post-Conviction Relief
Section 138.688 - Definitions.


(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 was committed.
(4) "Federal standards" means the Federal Bureau of Investigation Quality Assurance Standards for Forensic DNA Testing Laboratories, as modified or amended by the Federal Bureau of Investigation, or any successor standards adopted by the Federal Bureau of Investigation.
(5) "National DNA Index System" or "NDIS" means a national, searchable DNA database created and maintained by the Federal Bureau of Investigation where DNA profiles are stored.
(6) "NDIS manual" means the Federal Bureau of Investigation’s NDIS Operational Procedures Manual, as modified or amended by the Federal Bureau of Investigation, or any successor operational procedures manual.
(7) "NDIS-participating laboratory" means a forensic laboratory that has been designated to operate CODIS and participate in the National DNA Index System.
(8) "Nonparticipating laboratory" means a laboratory that does not participate in the National DNA Index System but that is accredited by a nonprofit organization and meets federal standards.
(9) "State DNA index system" means a statewide, searchable DNA database created and maintained by the Department of State Police where DNA profiles are stored. [2019 c.368 §2]
Note: 138.688 to 138.700 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 04 - Criminal Procedure, Crimes

Chapter 138 - Appeals; Post-Conviction Relief

Section 138.005 - Definitions for ORS 138.010 to 138.310.

Section 138.035 - Appeal by defendant.

Section 138.045 - Appeal by state.

Section 138.052 - Appeal from judgment of conviction and sentence of death; direct review by Supreme Court.

Section 138.057 - Appeal from judgment involving violation.

Section 138.071 - Time within which appeal must be taken.

Section 138.081 - Service and filing of notice of appeal.

Section 138.085 - Content requirements for certain notices of appeal.

Section 138.105 - Appeal by defendant.

Section 138.115 - Appeal by state.

Section 138.227 - Joint motion to vacate and remand.

Section 138.255 - Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review.

Section 138.257 - Determination on appeal.

Section 138.261 - Time within which certain appeals must be decided.

Section 138.285 - Order staying execution of sentence.

Section 138.500 - Appointment of counsel and furnishing of transcript for appellant without funds; compensation.

Section 138.504 - Waiver of counsel; appointment of legal advisor.

Section 138.510 - Persons who may file petition for relief; time limit.

Section 138.525 - Dismissal of meritless petition.

Section 138.527 - Frivolous petition or response; attorney fees.

Section 138.530 - When relief must be granted; executive clemency or pardon powers and original jurisdiction of Supreme Court in habeas corpus not affected.

Section 138.540 - Petition for relief as exclusive remedy for challenging conviction; when petition may not be filed; abolition or availability of other remedies.

Section 138.550 - Availability of relief as affected by prior judicial proceedings.

Section 138.560 - Procedure upon filing petition for relief; filing fee; venue and transfer of proceedings.

Section 138.585 - Access to confidential jury records.

Section 138.590 - Petitioner may proceed as a financially eligible person.

Section 138.615 - Disclosure of witness information.

Section 138.620 - Hearing.

Section 138.625 - Victim testimony; contact with victim.

Section 138.627 - Victim’s rights.

Section 138.640 - Judgment; enforcement.

Section 138.650 - Appeal.

Section 138.665 - Remand for reconsideration of judgment or order; appeal.

Section 138.686 - Automatic stay of sentence of death for federal appeal and state post-conviction relief.

Section 138.688 - Definitions.

Section 138.690 - Commencement of DNA testing proceedings; discovery.

Section 138.692 - Motion for DNA testing; declaration; court order; costs.

Section 138.694 - Appointed counsel.

Section 138.696 - Test results; motion for new trial.

Section 138.697 - Appeal of court order.

Section 138.698 - Effect of setting aside conviction on plea agreement.

Section 138.700 - Entry of unidentified profile into DNA databases; motion for laboratory evaluation; court order.