Oregon Revised Statutes Chapter 30 § 30.657 — Petition for compensation for wrongful conviction; requirements; burden of

Petition for compensation for wrongful conviction; requirements; burden of proof; damages; attorney fees; setoffs for other awards; certificate of innocence; statute of limitations; appeals. (1) A person may petition for compensation for wrongful conviction against the state if all of the following requirements are satisfied: (a) The person was convicted of one or more felonies and subsequently imprisoned as a result of the conviction or convictions; (b)(A) The person’s conviction was reversed or vacated and either the charges were dismissed or on retrial the person was found not guilty; or (B) The person received a grant of gubernatorial pardon; (c) The person did not commit the crime or crimes for which the person was convicted and was not an accessory or accomplice to or otherwise involved in the acts that were the basis of the conviction; and (d) The person did not commit perjury, fabricate evidence or by the person’s own conduct cause or bring about the conviction. A confession or admission later found to be false or a guilty plea does not constitute committing perjury, fabricating evidence or causing or bringing about the conviction under this paragraph. (2) For the purposes of subsection (1) of this section: (a) Reversal or vacation of a conviction because the conviction was obtained following a finding of guilt by a nonunanimous jury is not sufficient to prove that the person did not commit the crime or crimes for which the person was convicted. (b) “Convicted” or “conviction” includes an adjudication of a person within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age if the adjudication resulted in the person’s placement in custody of the Oregon Youth Authority or the Department of Corrections for at least one year. (3) A person may file a petition for compensation under this section in the Circuit Court for Marion County or in the circuit court for the county of conviction. The petitioner shall serve the petition on the Attorney General, who shall represent the state in all proceedings on the petition. The petitioner shall also mail a copy of the complaint to the District Attorney of the county of conviction. (4)(a) A petition under this section is a civil action. The Oregon Rules of Civil Procedure and the Oregon Evidence Code apply to a petition under this section unless otherwise specified in this section. (b) The court, in exercising its discretion regarding the weight and admissibility of evidence submitted under this section, may in the interest of justice give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence or other factors not caused by a petitioner or those acting on a petitioner’s behalf. The court may not diminish the petitioner’s burden of proof as set forth in subsection (5)(a) of this section. (c) The fact finder in a proceeding under this section may receive proof by declarations, depositions, oral testimony or other competent evidence, including but not limited to transcripts of testimony or documents and evidence filed with the court in any proceeding that gave rise to the conviction, reversal or vacation of the conviction, or from retrial following reversal. (5)(a) If a petitioner proves the elements of subsection (1) of this section by a preponderance of the evidence, the court shall enter a judgment awarding damages as follows: (A) Except as provided in paragraph (b) of this subsection, $65,000 for each year of imprisonment, as adjusted under subsection (8) of this section; and (B) $25,000, as adjusted under subsection (8) of this section, for each additional year served on parole or post-prison supervision or each additional year the petitioner was required to register as a sex offender, whichever is greater. (b) A petitioner is not entitled to damages for any period of incarceration during which the petitioner was concurrently serving a sentence for a conviction of another crime for which the petitioner was lawfully incarcerated. (c) Punitive damages may not be awarded under this section. (6)(a) Except as provided in paragraph (b) of this subsection, the court shall order that an award under subsection (5) of this section be paid as a combination of an initial payment not to exceed $100,000 or 25 percent of the award, whichever is greater, and the remainder as an annuity not to exceed $80,000 per year. The petitioner shall designate a beneficiary or beneficiaries for the annuity. (b) The court may order that the award be paid in one lump sum if the court finds that it is in the best interests of the petitioner. (7) In addition to the damages awarded under subsection (5) of this section, the court: (a) Shall award to the petitioner reasonable attorney fees and costs incurred in connection with a petition filed under this section; (b) Shall award