71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2664
LC 2343/HB 2664-4
HOUSE AMENDMENTS TO
HOUSE BILL 2664
By COMMITTEE ON JUDICIARY
April 23
On page 1 of the printed bill, line 2, after '137.076 ' insert
'and 181.085'.
In line 5, after 'convicted' insert 'in this state'.
In line 9, after '164.215' insert a semicolon and delete the
rest of the line and line 10.
On page 2, after line 40, insert:
' { + SECTION 3. + } ORS 181.085 is amended to read:
' 181.085. (1) The Department of State Police is authorized to:
' (a) Store blood and buccal samples received under authority
of this section, ORS 137.076, 161.325 and 419C.473 (1), and other
physical evidence obtained from analysis of such samples;
' (b) Analyze such samples for the purpose of establishing the
genetic profile of the donor or otherwise determining the
identity of persons or contract with other qualified public or
private laboratories to conduct that analysis;
' (c) Maintain a criminal identification database containing
information derived from blood and buccal analyses;
' (d) Utilize such samples to create statistical population
frequency databases, provided that genetic profiles or other such
information in a population frequency database shall not be
identified with specific individuals; and
' (e) Adopt rules establishing procedures for obtaining,
transmitting and analyzing blood and buccal samples and for
storing and destroying blood and buccal samples and other
physical evidence and criminal identification information
obtained from such analysis. Procedures for blood and buccal
analyses may include all techniques which the department { - of
State Police - } determines are accurate and reliable in
establishing identity, including but not limited to, analysis of
DNA (deoxyribonucleic acid), antigen antibodies, polymorphic
enzymes or polymorphic proteins.
' (2) The department { - of State Police shall - } { +
may + } not transfer or disclose any sample, physical evidence or
criminal identification information obtained, stored or
maintained under authority of this section, ORS 137.076, 161.325
or 419C.473 (1) except:
' (a) To a law enforcement agency as defined in ORS 181.010, a
district attorney or the Criminal Justice Division of the
Department of Justice for the purpose of establishing the
identity of a person in the course of a criminal investigation or
proceeding;
' (b) To a party in a criminal prosecution or juvenile
proceeding { + pursuant to ORS 419C.005 + } if discovery or
disclosure is required by a separate statutory or constitutional
provision; or
' (c) To a court or grand jury in response to a lawful subpoena
or court order when the evidence is not otherwise privileged { +
and is necessary for criminal justice purposes + }.
' { + (3) The department may not transfer or disclose any
sample, physical evidence or criminal identification information
under subsection (2) of this section unless the public agency or
person receiving the sample, physical evidence or criminal
identification information agrees to destroy the sample, physical
evidence or criminal identification information if notified by
the department that a court has reversed the conviction, judgment
or order that created the obligation to provide the blood or
buccal sample. + }
' { - (3) - } { + (4) + }Any public agency that receives a
sample, physical evidence or criminal identification information
under authority of subsection (2) of this section { - shall - }
{ + may + } not disclose it except as provided in subsection
(2) of this section.
' { - (4) - } { + (5) + } Notwithstanding subsections (2)
and { - (3) - } { + (4) + } of this section, any person who
is the subject of a record within a criminal identification
database maintained under the authority of this section may, upon
request, inspect that information at a time and location
designated by the department. The department may deny inspection
if it determines that there is a reasonable likelihood that such
inspection would prejudice a pending criminal investigation. In
any case, the department is not required to allow the person or
anyone acting on the person's behalf to test any blood or buccal
sample or other physical evidence. The department shall adopt
procedures governing the inspection of records and samples and
challenges to the accuracy of records. The procedures shall
accommodate the need to preserve the materials from contamination
and destruction.
' { - (5) - } { + (6)(a) + } Whenever a court reverses the
conviction, judgment or order that created an obligation to
provide a blood or buccal sample under ORS 137.076 (2), 161.325
or 419C.473 (1), the person who provided the sample may request
destruction of the sample and any criminal identification record
created in connection with that sample.
' { + (b) + } Upon receipt of a written request for
destruction pursuant to this section and a certified copy of the
court order reversing the conviction, judgment or order, the
department { - of State Police - } shall destroy any sample
received from the person, any physical evidence obtained from
that sample and any criminal identification records pertaining to
the person, unless the department determines that the person has
otherwise become obligated to submit a blood or buccal sample as
a result of a separate conviction, juvenile adjudication or
finding of guilty except for insanity for an offense listed in
ORS 137.076 (1). { + When the department destroys a sample,
physical evidence or criminal identification record under this
paragraph, the department shall notify any public agency or
person to whom the sample, physical evidence or criminal
identification information was transferred or disclosed under
subsection (2) of this section of the reversal of the conviction,
judgment or order.
' (c) + }The department is not required to destroy an item of
physical evidence obtained from a blood or buccal sample if
evidence relating to another person subject to the provisions of
ORS 137.076, 161.325, 181.085, 419A.260 and 419C.473 (1) would
thereby be destroyed. Notwithstanding this subsection, no sample,
physical evidence or criminal identification record is affected
by an order to set aside a conviction under ORS 137.225.'.
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