75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1948
 
                           A-Engrossed
 
                         Senate Bill 310
                 Ordered by the Senate April 29
           Including Senate Amendments dated April 29
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for American Civil Liberties Union)
 
 
                             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.
 
  Requires custodian to preserve biological evidence related to
criminal activity   { - until certain conditions are met - }
 { +  in amount and manner sufficient to develop DNA profile + }.
 { - Provides that court may impose sanctions or order other
remedies for unauthorized destruction. - }
    { - Creates Task Force on DNA Retention to devise standards
for collection of biological evidence. - }
  Sunsets   { - task force - }  on January 2, 2012.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to deoxyribonucleic acid; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  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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