75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 310
 
LC 1948/SB 310-4
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 310
 
                    By COMMITTEE ON JUDICIARY
 
                            April 29
 
  On page 1 of the printed bill, delete lines 4 through 28 and
delete pages 2 through 4 and insert:
  '  { +  SECTION 1. + }  { + (1) Except as provided in
subsection (3) of this section, a custodian shall preserve
biological evidence:
  ' (a) That is collected as part of a criminal investigation
into a covered offense; or
  ' (b)(A) That reasonably may be used to incriminate or
exculpate any person for a covered offense; and
  ' (B) That is in the possession of the custodian before any
person is convicted of a covered offense.
  ' (2) A custodian shall preserve biological evidence described
in subsection (1) of this section in an amount and manner that is
sufficient to develop a DNA profile.
  ' (3) A custodian is not required to preserve physical evidence
solely because the physical evidence contains biological evidence
if the physical evidence is of such a size, bulk or physical
character as to render retention impracticable. When the
retention of physical evidence is impracticable, the custodian
shall remove and preserve portions of the physical evidence
likely to contain biological evidence in a quantity sufficient to
permit future DNA testing before returning or disposing of the
physical evidence.
  ' (4) As used in this section:
  ' (a) 'Biological evidence' means a sample of an individual's
blood, semen, hair, saliva, skin tissue, fingernail scrapings,
bone, bodily fluids or other identifiable biological material or
an item that contains such material, whether the material or item
is stored or cataloged separately or the material is present upon
other evidence. 'Biological evidence' includes the contents of a
sexual assault forensic evidence kit.
  ' (b) 'Convicted' includes a finding of guilty or responsible
except for insanity, or a finding that a person is within the
jurisdiction of the juvenile court under ORS 419C.005.
  ' (c) 'Covered offense' means:
  ' (A) Aggravated murder;
  ' (B) Murder;
  ' (C) Manslaughter in the first or second degree;
  ' (D) Criminally negligent homicide;
  ' (E) Aggravated vehicular homicide; or
  ' (F) A sex crime listed in ORS 181.594.
  ' (d) 'Custodian' means a law enforcement agency as defined in
ORS 131.550 or any other person or public body as defined in ORS
174.109 that is charged with the collection, storage or retrieval
of biological evidence in connection with a criminal
investigation or criminal prosecution. 'Custodian' does not
include a court.
  ' (e) 'DNA' means deoxyribonucleic acid.
  ' (f) 'DNA profile' means the unique identifier of an
individual that is derived from DNA. + }
  '  { +  SECTION 2. + }  { + Section 1 of this 2009 Act applies
to biological evidence in the possession of a custodian, as
defined in section 1 of this 2009 Act, on or after the effective
date of this 2009 Act. + }
  '  { +  SECTION 3. + }  { + This 2009 Act is repealed on
January 2, 2012. + }
  '  { +  SECTION 4. + }  { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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