OR SB572

Creates the Oregon Racial Justice Act, establishing that any criminal charge, conviction, or sentence sought, obtained, or imposed based on race, ethnicity, or national origin is legally invalid

Defendants can challenge convictions by proving bias or animus from judges, attorneys, law enforcement, expert witnesses, or jurors; use of racially discriminatory language during trial; race as a factor in peremptory challenges; or statistical disparities in charging or sentencing compared to similarly situated defendants of other races

Claims require proof by preponderance of the evidence and can be filed as a motion before conviction or as a post-conviction relief petition after judgment

Remedies include reseating jurors, declaring mistrials, dismissing charges, vacating convictions, or ordering resentencing (new sentences cannot exceed original sentences)

Applies retroactively on a phased schedule: death penalty and immigration-related cases beginning January 1, 2027; incarcerated individuals beginning January 1, 2028; felonies finalized after January 1, 2019 beginning January 1, 2029; and all felonies beginning January 1, 2030