Oregon Statutes 138.696 – Test results; motion for new trial
(1) If DNA testing ordered under ORS § 138.692 produces inconclusive evidence or evidence that is unfavorable to the person requesting the testing:
Terms Used In Oregon Statutes 138.696
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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]
See note under 138.688.