71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 920
LC 2668/SB 920-2
SENATE AMENDMENTS TO
SENATE BILL 920
By COMMITTEE ON JUDICIARY
May 31
On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions; and' and after '137.076 ' insert
', 181.085 and 419C.473'.
On page 2, after line 32, insert:
' { + SECTION 2. + } { + (1) A supervisory authority shall
obtain a blood or buccal sample from every person being
supervised by the supervisory authority who is on parole,
post-prison supervision or probation as a result of having been
convicted of a felony other than:
' (a) Rape, sodomy, unlawful sexual penetration, sex abuse in
the first or second degree, incest or using a child in a display
of sexually explicit conduct, as those offenses are defined in
ORS 163.355 to 163.427, 163.525 and 163.670;
' (b) Burglary in the second degree, as defined in ORS 164.215,
when committed with intent to commit any offense listed in
paragraph (a) of this subsection;
' (c) Promoting or compelling prostitution, as defined in ORS
167.012 and 167.017;
' (d) Burglary in the first degree, as defined in ORS 164.225;
' (e) Assault in the first degree, as defined in ORS 163.185;
or
' (f) Conspiracy or attempt to commit a crime listed in
paragraphs (a) to (e) of this subsection.
' (2) The supervisory authority shall obtain the blood or
buccal sample as soon as practicable after the effective date of
this 2001 Act. In all cases, the blood or buccal sample must be
obtained by June 30, 2002, or before the termination of the
person's parole, post-prison supervision or probation, whichever
comes first.
' (3) The requirement of subsection (1) of this section does
not apply if a blood or buccal sample has previously been
obtained from the person. + }
' { + 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) If the department is unable to analyze all samples
due to lack of funds, the department shall analyze samples in the
following order:
' (a) The department shall first analyze samples from persons
convicted of:
' (A) Rape, sodomy, unlawful sexual penetration, sexual abuse,
public indecency, incest or using a child in a display of
sexually explicit conduct, as those offenses are defined in ORS
163.355 to 163.427, 163.465 (1)(c), 163.525 and 163.670;
' (B) Burglary in the second degree, as defined in ORS 164.215;
' (C) Promoting or compelling prostitution, as defined in ORS
167.012 and 167.017;
' (D) Burglary in the first degree, as defined in ORS 164.225;
' (E) Assault in the first, second or third degree, as defined
in ORS 163.165, 163.175 and 163.185;
' (F) Kidnapping in the first or second degree, as defined in
ORS 163.225 and 163.235;
' (G) Stalking, as defined in ORS 163.732;
' (H) Robbery in the first, second or third degree, as defined
in ORS 164.395, 164.405 and 164.415;
' (I) Manslaughter in the first or second degree, as defined in
ORS 163.118 and 163.125;
' (J) Criminally negligent homicide, as defined in ORS 163.145;
' (K) Conspiracy or attempt to commit any felony listed in
subparagraphs (A) to (J) of this paragraph; or
' (L) Murder, aggravated murder or an attempt to commit murder
or aggravated murder.
' (b) After analyzing samples from persons described in
paragraph (a) of this subsection, the department shall analyze
samples from persons convicted of a felony under ORS 475.992,
475.993, 475.995 or 475.999.
' (c) After analyzing samples from persons described in
paragraphs (a) and (b) of this subsection, the department shall
analyze samples from persons convicted of any other felony.
' (3) Notwithstanding subsection (2) of this section, the
department may analyze a sample from a lower priority before all
samples in higher priorities are analyzed if required in a
particular case for law enforcement purposes. + }
' { - (2) - } { + (4) + } 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 + }.
' { + (5) The department may not transfer or disclose any
sample, physical evidence or criminal identification information
under subsection (4) 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) - } { + (6) + }Any public agency that receives a
sample, physical evidence or criminal identification information
under authority of subsection { - (2) - } { + (4) + } of this
section { - shall - } { + may + } not disclose it except as
provided in subsection { - (2) - } { + (4) + } of this
section.
' { - (4) - } { + (7) + } Notwithstanding subsections
{ - (2) - } { + (4) + } and { - (3) - } { + (6) + } 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) - } { + (8)(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 (4) 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.
' { + (9) As used in this section, 'convicted' includes a
juvenile court finding of jurisdiction based on ORS 419C.005. + }
' { + SECTION 4. + } ORS 419C.473 is amended to read:
' 419C.473. (1) Whenever a youth is found to be within the
jurisdiction of the court under ORS 419C.005 for having committed
an act which, if done by an adult would constitute a felony
{ - offense - } listed in { - ORS 137.076 (1) - } { +
subsection (2) of this section + }, the court shall order the
youth to submit to the obtaining of a blood or buccal sample in
the manner provided by ORS 137.076. The court shall further order
that as soon as practicable after the entry of the dispositional
order, the law enforcement agency attending upon the court shall
cause a blood or buccal sample to be obtained and transmitted in
accordance with ORS 137.076. The court may also order the youth
to reimburse the appropriate agency for the cost of obtaining and
transmitting the blood or buccal sample.
' { + (2) The felonies to which subsection (1) of this
section applies are:
' (a) Rape, sodomy, unlawful sexual penetration, sexual abuse
in the first or second degree, public indecency, incest or using
a child in a display of sexually explicit conduct, as those
offenses are defined in ORS 163.355 to 163.427, 163.465 (1)(c),
163.525 and 163.670;
' (b) Burglary in the second degree, as defined in ORS 164.215,
when committed with intent to commit any offense listed in
paragraph (a) of this subsection;
' (c) Promoting or compelling prostitution, as defined in ORS
167.012 and 167.017;
' (d) Burglary in the first degree, as defined in ORS 164.225;
' (e) Assault in the first degree, as defined in ORS 163.185;
' (f) Conspiracy or attempt to commit any Class A or Class B
felony listed in paragraphs (a) to (e) of this subsection; or
' (g) Murder or aggravated murder. + }
' { - (2) - } { + (3) + } No order for the obtaining and
transmitting of a blood or buccal sample is required to be
entered if:
' (a) The Department of State Police notifies the court or the
law enforcement agency attending upon the court that it has
previously received an adequate blood or buccal sample taken from
the youth in accordance with this section, ORS 137.076 or 161.325
(4); or
' (b) The court determines that obtaining a sample would create
a substantial and unreasonable risk to the health of the youth.
' { - (3) - } { + (4) + } Notwithstanding any other
provision of law, blood and buccal samples and other physical
evidence and criminal identification information obtained under
authority of this section or as a result of analysis conducted
pursuant to ORS 181.085 may be maintained, stored, destroyed and
released to authorized persons or agencies under the conditions
established in ORS 181.085 and rules adopted by the Department of
State Police under the authority of that section.'.
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