(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 in the Combined DNA Index System.
(2) If DNA testing ordered under ORS 138.692 produces exculpatory evidence, the person who requested the testing may file in the court that ordered the testing a motion for a new trial based on newly discovered evidence. Notwithstanding the time limit established in ORCP 64 F, a person may file a motion under this subsection at any time during the 60-day period that begins on the date the person receives the test results.
(3) Upon receipt of a motion filed under subsection (2) of this section and notwithstanding the time limits in ORCP 64 F, the court shall hear the motion pursuant to ORCP 64.
(4) If the court orders a new trial in response to a motion described in this section, the district attorney shall notify the victim. [2001 c.697 §3; 2003 c.288 §3; 2015 c.564 §4; 2019 c.368 §6]
Note: See note under 138.688.
Structure 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 138.057 - 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 138.257 - Determination on appeal.
Section 138.261 - Time within which certain appeals must be decided.
Section 138.285 - Order staying execution of sentence.
Section 138.504 - 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 138.550 - Availability of relief as affected by prior judicial 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 138.625 - Victim testimony; contact with victim.
Section 138.627 - Victim’s rights.
Section 138.640 - Judgment; enforcement.
Section 138.665 - Remand for reconsideration of judgment or order; appeal.
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.