Oregon Statutes 133.705 – Definitions for ORS 133.705 to 133.717
As used in ORS § 133.705 to 133.717:
Terms Used In Oregon Statutes 133.705
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
(1) ‘Biological evidence‘ means an individual’s blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids or other identified biological material. ‘Biological evidence’ includes the contents of a sexual assault forensic evidence kit.
(2) ‘Convicted’ includes a finding of guilty or responsible except for insanity and a finding that a person is within the jurisdiction of the juvenile court under ORS § 419C.005.
(3) ‘Covered offense’ means:
(a) Aggravated murder under ORS § 163.095;
(b) Murder in the first degree under ORS § 163.107;
(c) Murder in the second degree under ORS § 163.115;
(d) Manslaughter in the first degree under ORS § 163.118;
(e) Manslaughter in the second degree under ORS § 163.125;
(f) Aggravated vehicular homicide under ORS § 163.149;
(g) Rape in the first degree under ORS § 163.375;
(h) Sodomy in the first degree under ORS § 163.405; or
(i) Unlawful sexual penetration in the first degree under ORS § 163.411.
(4) ‘Custodian’ means a law enforcement agency as defined in ORS § 131.550, or any other person or public body as defined in ORS § 174.109, that is charged with the collection, preservation or retrieval of evidence in connection with a criminal investigation or criminal prosecution. ‘Custodian’ does not include a court.
(5) ‘DNA’ means deoxyribonucleic acid.
(6) ‘DNA profile’ means the unique identifier of an individual that is derived from DNA.
(7) ‘Sentence’ means a term of incarceration in a correctional or juvenile detention facility, a period of probation, parole or post-prison supervision and the period of time during which a person is under the jurisdiction of the Psychiatric Security Review Board.
(8) ‘Supervisory authority’ has the meaning given that term in ORS § 144.087.
(9) ‘Victim’ has the meaning given that term in ORS § 131.007. [2011 c.275 § 2; 2019 c.635 § 7]
133.705 to 133.717 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.