Oregon

Oregon Revised Statutes — Criminal Procedure (Ch. 131–138)

1,064 sections, each with the official text and a plain-English explanation of what it means for you.

• § 138.285 — Order staying execution of sentence
• § 138.290 — [Amended by 1981 c.178 §9; repealed by 1985 c.734 §20]
• § 138.295 — Stay of judgment or order on appeal by state; release
• § 138.300 — [Amended by 1969 c.198 §68; 1983 c.763 §15; repealed by 2017 c.529 §26]
• § 138.305 — Delivery of defendant under sentence of imprisonment to intake center
• § 138.310 — Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation
• § 138.410 — [Formerly 138.810; repealed by 1967 c.372 §13]
• § 138.420 — [Formerly 138.820; repealed by 1967 c.372 §13]
• § 138.430 — [Formerly 138.830: repealed by 1967 c.372 §13]
• § 138.440 — [Formerly 138.840; 1961 c.480 §1; repealed by 1967 c.372 §13]
• § 138.480 — Oregon Public Defense Commission to provide representation for prisoner in proceeding before appellate court
• § 138.490 — [1963 c.600 §11; 1969 c.198 §70; 1977 c.752 §5; 1979 c.867 §2; 1981 s.s
• § 138.500 — (5) on appeal in a criminal action, the executive director shall notify the court below of the costs, expenses and compe
• § 138.504 — Waiver of counsel; appointment of legal advisor
• § 138.510 — to 138.680, may by motion seek leave of the appellate court to vacate the judgment and remand to the circuit court so that the petitioner may file an amended petition indicating the petitioner’s intent to proceed under the provisions of this section
• § 138.520 — Relief which court may grant
• § 138.525 — Dismissal of meritless petition
• § 138.527 — was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action
• § 138.530 — When relief must be granted; executive clemency or pardon powers and original jurisdiction of Supreme Court in habeas corpus not affected
• § 138.540 — Petition for relief as exclusive remedy for challenging conviction; when petition may not be filed; abolition or availability of other remedies
• § 138.550 — does not apply to petitions for post-conviction relief described in this section
• § 138.560 — (4), the matter of petitioner’s proceeding as a financially eligible person shall be determined by the latter court
• § 138.570 — Who shall be named as defendant; counsel for defendant
• § 138.580 — Petition
• § 138.585 — Access to confidential jury records
• § 138.590 — Petitioner may proceed as a financially eligible person
• § 138.600 — [1959 c.636 §10; repealed by 1997 c.872 §6]
• § 138.610 — Pleadings
• § 138.615 — Disclosure of witness information
• § 138.620 — Hearing
• § 138.622 — rather than in person
• § 138.625 — Victim testimony; contact with victim
• § 138.627 — was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action
• § 138.630 — Evidence of events occurring at trial of petitioner
• § 138.640 — Judgment; enforcement
• § 138.650 — Appeal
• § 138.660 — Summary affirmation of judgment; dismissal of appeal
• § 138.665 — Remand for reconsideration of judgment or order; appeal
• § 138.670 — Admissibility, at new trial, of testimony of witness at first trial
• § 138.680 — and who seeks jury records that are confidential under ORS 10.215 must either include in the petition a request for access to the confidential records or file a motion in the proceedings seeking access to the confidential records
• § 138.685 — [1991 c.885 §3; repealed by 1999 c.1055 §15]
• § 138.686 — Automatic stay of sentence of death for federal appeal and state post-conviction relief
• § 138.687 — [1991 c.885 §4; repealed by 1999 c.1055 §15] POST-CONVICTION MOTION FOR DNA TESTING
• § 138.688 — to 138.700: (1) “CODIS” means the Combined DNA Index System
• § 138.690 — may file a petition in the circuit court in which the judgment of conviction was entered requesting the appointment of counsel at state expense to assist the person in determining whether to file a motion under ORS 138.692
• § 138.692 — Motion for DNA testing; declaration; court order; costs
• § 138.694 — or denying a motion for a new trial under ORS 138.696
• § 138.696 — Test results; motion for new trial
• § 138.697 — Appeal of court order
• § 138.698 — Effect of setting aside conviction on plea agreement
• § 138.700 — limits or affects any other means by which a person convicted of a crime may obtain post-conviction DNA testing
• § 138.710 — [1963 c.600 §1; renumbered 151.210]
• § 138.720 — [1963 c.600 §2; 1969 c.314 §6; renumbered 151.270]
• § 138.730 — [1963 c.600 §3; renumbered 151.280]
• § 138.740 — [1963 c.600 §4(1),(3),(4),(5),(6),(7); renumbered 151.220]
• § 138.750 — [Subsection (1) enacted as 1963 c.600 §4(2); subsection (2) enacted as 1963 c.600 §5(4); 1967 c.35 §1; 1969 c.644 §1; 19
• § 138.760 — [1963 c.600 §5(1),(2),(3); renumbered 151.240]
• § 138.770 — [1963 c.600 §6; 1967 c.372 §6; renumbered 151.250]
• § 138.780 — [1963 c.600 §7; renumbered 151.260]
• § 138.790 — [1963 c.600 §13; renumbered 151.290]
• § 138.810 — [1955 c.662 §2; 1959 c.558 §42; renumbered 138.410]
• § 138.820 — [1955 c.662 §3; 1959 c.558 §43; renumbered 138.420]
• § 138.830 — [1955 c.662 §4; renumbered 138.430]
• § 138.840 — [1955 c.662 §5; 1959 c.558 §44; renumbered 138.440] _______________