71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2668
Senate Bill 920
Sponsored by Senator MINNIS; Senators DECKERT, METSGER,
Representative MINNIS
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.
Expands group of defendants required to provide blood or buccal
sample to include persons convicted of any felony.
A BILL FOR AN ACT
Relating to criminal procedure; amending ORS 137.076.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.076 is amended to read:
137.076. (1) This section applies to any person convicted of
{ - one of the following offenses - } :
{ + (a) A felony; + }
{ - (a) - } { + (b) + } { - Rape, sodomy, unlawful sexual
penetration, - } Sexual abuse { + in the third degree or + }
{ - , - } 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) - } { + (c) + } Conspiracy or attempt to commit
{ - any felony listed in paragraphs (a) to (e) of this
subsection - } { + rape in the third degree, sodomy in the
third degree, sexual abuse in the second degree, burglary in the
second degree or promoting prostitution + }; or
{ - (g) - } { + (d) + } Murder or aggravated murder.
(2) When a person is convicted of an offense listed in
subsection (1) of this section:
(a) The person shall, whether or not ordered to do so by the
court under paragraph (b) of this subsection, provide a blood or
buccal sample at the request of the appropriate agency designated
in paragraph (c) of this subsection.
(b) The court shall include in the judgment of conviction an
order stating that a blood or buccal sample is required to be
obtained at the request of the appropriate agency and, unless the
convicted person lacks the ability to pay, that the person shall
reimburse the appropriate agency for the cost of obtaining and
transmitting the blood or buccal sample. If the judgment
sentences the convicted person to probation, the court shall
order the convicted person to submit to the obtaining of a blood
or buccal sample as a condition of the probation.
(c) The appropriate agency shall cause a blood or buccal sample
to be obtained and transmitted to the Department of State Police.
The agency shall cause the sample to be obtained as soon as
practicable after conviction. The agency shall obtain the
convicted person's thumbprint at the same time the agency obtains
the blood or buccal sample. The agency shall include the
thumbprint with the identifying information that accompanies the
sample. Whenever an agency is notified by the Department of State
Police that a sample is not adequate for analysis, the agency
shall obtain and transmit a blood sample. The appropriate agency
shall be:
(A) The Department of Corrections, whenever the convicted
person is committed to the legal and physical custody of the
department.
(B) In all other cases, the law enforcement agency attending
upon the court.
(3)(a) A blood sample may only be drawn in a medically
acceptable manner by a licensed professional nurse, a licensed
practical nurse, a qualified medical technician, a licensed
physician or a person acting under the direction or control of a
licensed physician.
(b) A buccal sample may be obtained by anyone authorized to do
so by the appropriate agency. The person obtaining the buccal
sample shall follow the collection procedures established by the
Department of State Police.
(c) A person authorized by this subsection to obtain a blood or
buccal sample shall not be held civilly liable for obtaining a
sample in accordance with this subsection and subsection (2) of
this section, ORS 161.325 and 419C.473. The sample shall also be
obtained and transmitted in accordance with any procedures that
may be established by the Department of State Police. However, no
test result or opinion based upon a test result shall be rendered
inadmissible as evidence solely because of deviations from
procedures adopted by the Department of State Police that do not
affect the reliability of the opinion or test result.
(4) No sample is required to be obtained if:
(a) The Department of State Police notifies the court or the
appropriate agency that it has previously received an adequate
blood or buccal sample obtained from the convicted person in
accordance with this section or ORS 161.325 or 419C.473; or
(b) The court determines that obtaining a sample would create a
substantial and unreasonable risk to the health of the convicted
person.
(5) The provisions of subsections (1) to (4) of this section
apply to any person who, on or after September 29, 1991, is
serving a term of incarceration as a sentence or as a condition
of probation imposed for conviction of an offense listed in
subsection (1) of this section, and any such person shall submit
to the obtaining of a blood or buccal sample. Before releasing
any such person from incarceration, the supervisory authority
shall cause a blood or buccal sample and the person's thumbprint
to be obtained and transmitted in accordance with subsections (1)
to (4) of this section.
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