Chapter 292
AN ACT
HB 2669
Relating to filing date of petition for post-conviction relief;
amending ORS 138.510.
Be It Enacted by the People of
the State of
SECTION 1. ORS 138.510 is amended to read:
138.510. (1) Except as otherwise
provided in ORS 138.540, any person convicted of a crime under the laws of this
state may file a petition for post-conviction relief pursuant to ORS 138.510 to
138.680.
(2) A petition for
post-conviction relief may be filed by one person on behalf of another person
who has been convicted of aggravated murder and sentenced to death only if the
person filing the petition demonstrates by a preponderance of the evidence
that:
(a) The person sentenced
to death is unable to file a petition on the person’s own behalf due to mental
incapacity or because of a lack of access to the court; and
(b) The person filing
the petition has a significant relationship with the person sentenced to death
and will act in the best interest of the person on whose behalf the petition is
being filed.
(3) A petition pursuant
to ORS 138.510 to 138.680 must be filed within two years of the following,
unless the court on hearing a subsequent petition finds grounds for relief
asserted which could not reasonably have been raised in the original or amended
petition:
(a) If no appeal is
taken, the date the judgment or order on the conviction was entered in the
register.
(b) If an appeal is
taken, the date the appeal is final in the
(c) If a petition for
certiorari to the
(A) The date of denial
of certiorari, if the petition is denied; or
(B) The date of entry of
a final state court judgment following remand from the
(4) A one-year filing
period shall apply retroactively to petitions filed by persons whose
convictions and appeals became final before August 5, 1989, and any such
petitions must be filed within one year after November 4, 1993. A person whose
post-conviction petition was dismissed prior to November 4, 1993, cannot file
another post-conviction petition involving the same case.
(5) The remedy created
by ORS 138.510 to 138.680 is available to persons convicted before May 26,
1959.
(6) In any
post-conviction proceeding pending in the courts of this state on May 26, 1959,
the person seeking relief in such proceedings shall be allowed to amend the
action and seek relief under ORS 138.510 to 138.680. If such person does not
choose to amend the action in this manner, the law existing prior to May 26,
1959, shall govern the case.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
__________