by admin | May 14, 2021 | Criminal Procedure, Oregon
(1) Upon receipt of a timely motion to preserve biological evidence under ORS 133.709(3), the court shall:(a) Conduct a hearing to resolve the motion; or(b) Enter an order directing the custodian to preserve the biological evidence.(2)(a) In determining whether to...
by admin | May 14, 2021 | Criminal Procedure, Oregon
(1) Upon written request by the defendant, the district attorney shall provide the defendant with an inventory of biological evidence that has been preserved under ORS 133.705 to 133.717 and is related to the covered offense for which the defendant was convicted.(2) A...
by admin | May 14, 2021 | Criminal Procedure, Oregon
ORS 133.710Renumbered 135.115
by admin | May 14, 2021 | Criminal Procedure, Oregon
(1)(a) A custodian may seek to dispose of biological evidence before the period of time specified in ORS 133.707(2), by providing written notice, in the form developed under ORS 133.707(7), to the district attorney having jurisdiction over the prosecution of the...
by admin | May 14, 2021 | Criminal Procedure, Oregon
(1) A custodian shall preserve biological evidence in accordance with ORS 133.705 to 133.717 if the evidence: (a) Is collected as part of a criminal investigation into a covered offense; or(b) Is otherwise in the possession of the custodian and reasonably may be used...
by admin | May 14, 2021 | Criminal Procedure, Oregon
As used in ORS 133.705 to 133.717:(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...
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