74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 351
 
LC 158/SB 351-4
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 351
 
                    By COMMITTEE ON JUDICIARY
 
                              May 4
 
  On page 1 of the printed bill, line 2, delete '146.505,'.
  In line 3, after '181.506' delete the rest of the line and
insert 'and 181.643.'.
  After line 30, insert:
  ' (12) 'Unidentified human remains' does not include human
remains that are unidentified human remains that are part of an
archaeological site or suspected of being Native American and
covered under ORS chapters 97 and 390 and ORS 358.905 to 358.961.
  '  { +  SECTION 2. + }  { + Written policies shall be adopted
by Oregon law enforcement agencies regarding missing persons and
shall specify the procedures for investigating missing persons in
order to ensure that reported missing persons cases, particularly
those involving minor children, are investigated as soon as
possible, utilizing all available resources. In adopting policies
under this section, Oregon law enforcement agencies may consider
standards set by the Oregon Accreditation Alliance and adopt
policies consistent with Oregon Accreditation Alliance standards.
Policies adopted under this section should include the following:
  ' (1) Requirements for accepting missing persons reports;
  ' (2) Procedures for initial investigations;
  ' (3) Responsibility for follow-up investigations;
  ' (4) Standards for maintaining and clearing computer data of
missing persons information stored in the Law Enforcement Data
System and the National Crime Information Center; and
  ' (5) Initiation and activation criteria for Amber Plan alerts
under ORS 181.035. + } ' .
  On page 2, line 1, delete '2' and insert '3'.
  In line 2, after the period delete the rest of the line and
lines 3 through 8.
  Restore lines 9 through 12.
  In line 14, delete 'Shall' and insert 'May'.
  On page 3, restore lines 4 through 7.
  In line 4, delete 'police' and insert 'law enforcement'.
  Delete lines 8 through 45 and delete page 4 and insert:
  '  { +  SECTION 4. + }  { + (1) A law enforcement agency shall
forward a DNA sample obtained for use in a missing persons case
to the Department of State Police, as directed by the department.
Analysis of the DNA sample by the department is subject to
availability of funds dedicated for that purpose.
  ' (2) A person, or the executor of the person's estate, who was
a missing person and who had a DNA sample obtained for use in the
person's case may request the destruction of the DNA sample, and
any resultant database entries, when the missing person has been
located or identified. The request shall be made in writing to
the department. The department, upon confirming that the status
of the missing person has been resolved, shall destroy the DNA
sample and remove any database entries related to the DNA sample.
  ' (3) As used in this section, 'DNA' means deoxyribonucleic
acid. + } ' .
  On page 5, delete lines 1 through 28.
  In line 29, delete '8' and insert '5'.
  In line 31, restore the bracketed material and delete the
boldfaced material.
  Delete lines 34 and 35 and insert:
  ' (2) The medical examiner shall make reasonable attempts to
promptly identify human remains and may consider procedures
consistent with current forensic autopsy performance standards of
the National Association of Medical Examiners. Reasonable
attempts to identify human remains include, but are not limited
to, obtaining:'.
  Delete lines 44 and 45 and insert 'completes the steps
described in subsection (2) of this section.'.
  On page 6, delete line 1.
  In line 2, delete '9' and insert '6'.
  In line 12, delete '10' and insert '7'.
  In line 22, restore 'ORS'.
  In line 23, restore '146.525' and delete 'section 6 of this
2007 Act'.
  In line 24, delete the boldfaced material.
  In line 26, delete 'and section 3 of this 2007 Act'.
  In line 29, delete '11' and insert '8'.
  In line 30, restore the bracketed material and after '
children' insert 'and other'.
  In line 32, restore the bracketed material and after '
children' insert 'and other'.
  In line 34, restore the bracketed material and after '
children' insert 'and other'.
  In line 38, delete '12' and insert '9'.
  In line 39, after 'missing' insert 'children and other'.
  In line 44, restore the bracketed material and after '
children' insert 'and other'.
  On page 7, line 3, restore the bracketed material and after '
children' insert 'and other'.
  In line 5, delete '13' and insert '10'.
  In line 8, restore the bracketed material and after ' children'
insert 'and other'.
  Delete lines 11 through 45.
  On page 8, delete lines 1 through 38.
  In line 39, delete '15' and insert '11' and delete '3 to 6' and
insert '2 and 4'.
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