138.680, a properly authenticated transcript of testimony in the first trial may be introduced in evidence to supply the testimony of any witness at the first trial who has since died or who cannot be

138.680, a properly authenticated transcript of testimony in the first trial may be introduced in evidence to supply the testimony of any witness at the first trial who has since died or who cannot be produced at the new trial for other sufficient cause. Such transcript shall not be admissible in any other respect, except that the transcript of testimony of a witness at the first trial may be used at the new trial to impeach the testimony at the new trial by the same witness. [1959 c.636 �20]

����� 138.680 Short title. ORS 138.510 to 138.680 may be cited as the Post-Conviction Hearing Act. [1959 c.636 �21]

����� 138.685 [1991 c.885 �3; repealed by 1999 c.1055 �15]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. (1) The execution of a sentence of death is automatically stayed for 90 days following the effective date of an appellate judgment affirming the sentence of death on automatic and direct review.

����� (2) If the defendant files a petition for certiorari seeking United States Supreme Court review of the sentence of death within 90 days after the effective date of the appellate judgment or within such other time as allowed by the United States Supreme Court, execution of the sentence of death is automatically stayed until the United States Supreme Court denies the petition or grants the petition and resolves the merits.

����� (3) Upon final resolution of a petition for certiorari to the United States Supreme Court, execution of the sentence of death is automatically stayed for 30 days after the date the petition is resolved to allow the defendant to file a notice in the circuit court of the county in which the defendant is imprisoned attesting to the defendant�s intent to file a petition for post-conviction relief. If the defendant files a first petition for post-conviction relief within 90 days after the notice provided for in this subsection, the execution of the sentence of death is stayed until the post-conviction petition is finally resolved. If a first petition for post-conviction relief is not filed within 90 days after the notice provided for in this subsection, the defendant may apply to the circuit court in which the notice was filed to extend the stay. The circuit court shall extend the stay for a reasonable time upon the defendant�s showing that progress is being made in the preparation of the petition and that it will be filed within a reasonable time.

����� (4) If the defendant does not file a petition for certiorari seeking United States Supreme Court review of the sentence of death but does file a first petition for post-conviction relief within 90 days after the date upon which the appellate judgment becomes effective, execution of the sentence of death is stayed until the petition for post-conviction relief is finally resolved. [1999 c.1055 �6]

����� Note: 138.686 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. See Preface to Oregon Revised Statutes for further explanation.

����� 138.687 [1991 c.885 �4; repealed by 1999 c.1055 �15]

POST-CONVICTION MOTION FOR DNA TESTING

����� 138.688 Definitions. As used in ORS 138.688 to 138.700:

����� (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.

����� 138.690 Commencement of DNA testing proceedings; discovery. (1) A person may file in the circuit court in which the judgment of conviction was entered a petition requesting the commencement of a DNA testing proceeding, and requesting that the court appoint an attorney for the purpose of determining whether to file a motion under ORS 138.692 for the performance of DNA testing on specific evidence, if the person has been convicted of aggravated murder or a felony in which DNA evidence could exist and is related to the investigation or prosecution that resulted in the judgment of conviction.

����� (2) After proceedings have been commenced under subsection (1) of this section:

����� (a) Upon motion of the person, the court shall order that the person be provided with a copy of property and evidence control and disposition records for all evidence related to the investigation or prosecution that resulted in the judgment of conviction. If forensic testing on the evidence has previously occurred, the court shall further order that the person be provided with access to the results of the testing and to any other written materials related to the testing, including reports, underlying data, notes and protocols.

����� (b) Upon motion of the person and a showing that good faith efforts to obtain discovery materials from prior defense counsel were made and were unsuccessful, the court shall order that the person be provided reasonable access to discovery materials in the possession of the district attorney and law enforcement agencies that the person would have received under ORS 135.815 prior to trial.

����� (3) At any time after a person files a petition under subsection (1) of this section, the person may file a motion to dismiss the proceeding on the grounds that the person does not wish to proceed with DNA testing. Upon receipt of the motion, the court shall dismiss the petition without prejudice.

����� (4) The court may not charge a fee for any filing under ORS 138.688 to 138.700.

����� (5) The State Court Administrator shall develop forms for proceedings under ORS 138.688 to