Oregon HB 2134: Relating to the identification of a person filing a motion to set aside.

Bill Text

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81st OREGON LEGISLATIVE ASSEMBLY--2021 Regular Session
House Bill 2134
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of Governor Kate Brown for
Oregon State Police)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.
Defines “positive identification” for purposes of motion to set aside conviction, citation, charge
or arrest. Requires prosecuting attorney to provide affidavit to Department of State Police explain-
ing discrepancy between criminal history of movant and conviction, citation, charge or arrest that
is subject of motion.
Directs court to ensure fingerprints of defendant are submitted to Department of State Police
upon conviction for felony or misdemeanor. Specifies information that must accompany fingerprints.
A BILL FOR AN ACT
Relating to the identification of a person filing a motion to set aside; amending ORS 137.074 and
137.225.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.225 is amended to read:
137.225. (1)(a) Except as provided in paragraph (c) of this subsection, at any time after the lapse
of three years from the date of pronouncement of judgment, any defendant who has fully complied
with and performed the sentence of the court and whose conviction is described in subsection (5)
of this section by motion may apply to the court where the conviction was entered for entry of an
order setting aside the conviction. A person who is still under supervision, or who is still
incarcerated, as part of the sentence for the offense that is the subject of the motion has not fully
complied with or performed the sentence of the court.
(b) At any time after the lapse of one year from the date of any arrest, issuance of a criminal
citation or criminal charge, if no accusatory instrument was filed, or at any time after an acquittal
or a dismissal of the charge, the arrested, cited or charged person may apply to the court that would
have jurisdiction over the crime for which the person was arrested, cited or charged, for entry of
an order setting aside the record of the arrest, citation or charge. For the purpose of computing the
one-year period, time during which the person has secreted himself or herself within or without this
state is not included.
(c) A person whose sentence of probation was revoked may not apply to the court for entry of
an order setting aside the conviction for which the person was sentenced to probation for a period
of 10 years from the date of revocation.
(2)(a) A copy of the motion and a full set of the defendant’s fingerprints shall be served upon
the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority
to prosecute the charge if there was no accusatory instrument filed, and opportunity shall be given
to contest the motion. The prosecuting attorney shall review the criminal history of the de-
fendant using the Law Enforcement Data System to determine if there is any discrepancy
between the computerized criminal history and the conviction, arrest, citation or charge that
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 548

HB 2134
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is the subject of the motion. Upon discovering such a discrepancy, the prosecuting attorney
shall prepare an affidavit explaining the discrepancy. The fingerprint card with the notation
“motion for setting aside conviction,” or “motion for setting aside arrest, citation or charge
record” as the case may be, and the affidavit, if applicable, shall be forwarded to the Department
of State Police. Information resulting from the fingerprint search along with the fingerprint card
shall be returned to the prosecuting attorney.
(b) When a prosecuting attorney is served with a copy of a motion to set aside a conviction
under this section, the prosecuting attorney shall provide a copy of the motion and notice of the
hearing date to the victim, if any, of the crime by mailing a copy of the motion and notice to the
victim’s last-known address.
(c) When a person makes a motion under subsection (1)(a) of this section, the person must pay
a fee of $80 to the Department of State Police. The person shall attach a certified check payable to
the Department of State Police in the amount of $80 to the fingerprint card that is served upon the
prosecuting attorney. The office of the prosecuting attorney shall forward the check with the fin-
gerprint card to the Department of State Police.
(d) In addition to the fee established under paragraph (c) of this subsec