Bill Text: OR SB881 | 2011 | Regular Session | Introduced
Bill Title: Relating to offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB881 Detail]
Download: Oregon-2011-SB881-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2666
Senate Bill 881
Sponsored by Senator WINTERS
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.
Requires law enforcement agency to take DNA sample of person
arrested for certain crimes. Requires destruction of sample, upon
person's request, if arrest leads to acquittal, dismissal,
reversal of conviction or expiration of statute of limitations.
Increases assessment imposed on persons convicted of offense by
$5. Includes obtaining and testing DNA as purpose for which
moneys may be allocated from Criminal Fine and Assessment
Account.
A BILL FOR AN ACT
Relating to offenses; creating new provisions; and amending ORS
137.076, 137.290, 137.300, 181.085, 181.511, 419A.260 and
419C.473.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A law enforcement agency shall obtain a
blood or buccal sample in accordance with this section for any
person who is arrested for:
(a) A person felony, as that term is defined in the rules of
the Oregon Criminal Justice Commission;
(b) A sex crime, as defined in ORS 181.594; or
(c) Burglary in the first degree, as defined in ORS 164.225.
(2)(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 arresting law enforcement agency. The person obtaining
the buccal sample shall follow collections procedures established
by the Department of State Police.
(c) A test result, or an opinion based upon a test result, of a
blood or buccal sample obtained under this section is not
inadmissible as evidence solely because of deviations from
procedures adopted by the department that do not affect the
reliability of the opinion or test result.
(d) A person authorized by this section to obtain a blood or
buccal sample may not be held civilly liable for obtaining a
sample in accordance with this section.
(3) A sample is not required to be obtained under this section
if:
(a) The law enforcement agency has previously obtained an
adequate blood or buccal sample of the person;
(b) The department notifies the law enforcement agency that it
has previously received an adequate blood or buccal sample of the
person in accordance with ORS 137.076, 161.325 or 419C.473; or
(c) Obtaining a sample would create a substantial and
unreasonable risk to the health of the arrested person.
(4) The law enforcement agency shall cause the blood or buccal
sample to be transmitted to the department in accordance with any
procedures that may be established by the department. + }
SECTION 2. ORS 181.511 is amended to read:
181.511. (1) A law enforcement agency immediately upon the
arrest of a person for a crime for which criminal offender
information must be provided under ORS 181.515 shall:
(a) Place the arrested person's fingerprints and identifying
data on forms prescribed or furnished by the Department of State
Police bureau of criminal identification, photograph the arrested
person and promptly transmit the form and photograph to the
bureau.
(b) If the arrest is disposed of by the arresting agency, cause
the disposition report to be completed and promptly transmitted
to the bureau.
(c) If the arrest is not disposed of by the agency, cause the
disposition report to be forwarded, except as otherwise provided
in section 3, chapter 553, Oregon Laws 1987, to the court that
will dispose of the charge, for further action in accordance with
ORS 181.521.
{ + (2) A law enforcement agency, immediately upon the arrest
of a person for a crime listed in section 1 (1) of this 2011 Act,
shall obtain a blood or buccal sample from the person in
accordance with section 1 of this 2011 Act. + }
{ - (2) - } { + (3) + } A law enforcement agency may
record, in addition to fingerprints, the palm prints, sole
prints, toe prints or other personal identifiers when, in the
discretion of the agency, it is necessary to effect
identification of the persons or to the investigation of the
crime charged.
{ - (3) - } { + (4) + } A law enforcement agency, for the
purpose of identification, may record and submit to the bureau
the fingerprints of persons arrested for crimes for which
criminal offender information is not required under ORS 181.515.
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 section
2, chapter 852, Oregon Laws 2001, { + and section 1 of this 2011
Act + } 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
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) Aggravated vehicular homicide, as defined in ORS 163.149;
(L) Conspiracy or attempt to commit any felony listed in
subparagraphs (A) to (J) of this paragraph; or
(M) 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 475.840, 475.846 to
475.894, 475.904, 475.906 or 475.914.
(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.
(4) The department 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) { + or section 1 of this
2011 Act + } 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 - } { + the authority to retain the
sample has been rescinded + }.
(6) Any public agency that receives a sample, physical evidence
or criminal identification information under authority of
subsection (4) of this section may not disclose it except as
provided in subsection (4) of this section.
(7) Notwithstanding subsections (4) and (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.
(8)(a) { + A person who provided a blood or buccal sample may
request destruction of the sample and any criminal identification
record created in connection with that sample + } whenever { + :
(A) + } 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) The arrest that created the obligation to provide a blood
or buccal sample under section 1 of this 2011 Act leads to a
judgment of acquittal, an order of dismissal or a conviction that
is subsequently reversed; or
(C) A prosecution is not commenced within the statute of
limitations for the crime of arrest that created an obligation to
provide a blood or buccal sample under section 1 of this 2011
Act. If this subparagraph applies, the district attorney shall
provide to the department a sworn affidavit within 90 days of the
expiration of the statute of limitations indicating that the
authority to retain the sample has been rescinded. + }
(b) Upon receipt of a written request for destruction pursuant
to this section and a certified copy of { - the - } { + a + }
court order { - reversing the conviction, judgment or
order, - } { + or a sworn affidavit described in paragraph (a)
of this subsection, + } the department 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) { + or an arrest for a crime listed in section 1
(1) of this 2011 Act + }. 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 - } { + that the authority to
retain the sample has been rescinded + }.
(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
{ + this section, + } ORS 137.076, 161.325, 419A.260 and
419C.473 (1) and
{ - this section - } { + section 1 of this 2011 Act + } 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 137.076 is amended to read:
137.076. (1) This section applies to any person convicted of:
(a) A felony;
(b) Sexual abuse in the third degree or public indecency;
(c) Conspiracy or attempt to commit 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
(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
section 1 of this 2011 Act + }; 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.
SECTION 5. ORS 137.290 is amended to read:
137.290. (1) In all cases of conviction for the commission of a
crime or violation, excluding parking violations, the trial
court, whether a circuit, justice or municipal court, shall
impose upon the defendant, in addition to any other monetary
obligation imposed, a unitary assessment under this section.
Except when the person successfully asserts the defense set forth
in ORS 419C.522, the unitary assessment shall also be imposed by
the circuit court and county court in juvenile cases under ORS
419C.005 (1). The unitary assessment is a penal obligation in the
nature of a fine and shall be in an amount as follows:
(a) { - $107 - } { + $112 + } in the case of a felony.
(b) { - $67 - } { + $72 + } in the case of a misdemeanor.
(c) { - $97 - } { + $102 + } in the case of a conviction
for driving under the influence of intoxicants.
(d) { - $37 - } { + $42 + } in the case of a violation as
described in ORS 153.008.
(2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
(a) $42 if the defendant was driving a vehicle that requires a
commercial driver license to operate and the conviction was for
violating:
(A) ORS 811.100 by driving at a speed at least 10 miles per
hour greater than is reasonable and prudent under the
circumstances; or
(B) ORS 811.111 (1)(b) by driving at least 65 miles per hour;
(b) $500 if the crime of conviction is a crime found in ORS
chapter 163;
(c) $500 if the crime of conviction is a violation of ORS
475.890 or 475.892; and
(d) $1,000 if the crime of conviction is a violation of ORS
475.886 or 475.888.
(3) Subject to subsection (4) of this section, the court in any
case may waive payment of the unitary assessment, in whole or in
part, if, upon consideration, the court finds that payment of the
assessment or portion thereof would impose upon the defendant a
total monetary obligation inconsistent with justice in the case.
In making its determination under this subsection, the court
shall consider:
(a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due
regard to the other obligations of the defendant; and
(b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by
the court on an installment basis or on other conditions to be
fixed by the court.
(4) If a defendant is convicted of an offense, the court:
(a) May waive all or part of the unitary assessment required
under subsections (1) and (2)(a) of this section only if the
court imposes no fine on the defendant.
(b) May not waive the portion of the unitary assessment
required under subsection (2)(c) or (d) of this section, except
in juvenile cases under ORS 419C.005 (1).
SECTION 6. ORS 419A.260 is amended to read:
419A.260. (1) As used in this section and ORS 419A.262:
(a) 'Contact' means any instance in which a person's act or
behavior, or alleged act or behavior, which could result in a
juvenile court's assumption of jurisdiction under ORS 419B.100
(1)(a) to (c) and (f) or 419C.005 comes to the attention of an
agency specified in paragraph (d) of this subsection.
(b) 'Expunction' means:
(A) The removal and destruction or sealing of a judgment or
order related to a contact and all records and references; and
(B) Where a record is kept by the Department of Human Services
or the Oregon Youth Authority, either the sealing of such record
by the department or the Oregon Youth Authority or, in a
multiperson file, the affixing to the front of the file, by the
department or the youth authority, a stamp or statement
identifying the name of the individual, the date of expunction
and instruction that no further reference shall be made to the
material that is subject to the expunction order except upon an
order of a court of competent jurisdiction.
(c) 'Person' includes a person under 18 years of age.
(d) 'Record' includes a fingerprint or photograph file, report,
exhibit or other material which contains information relating to
a person's contact with any law enforcement agency or juvenile
court or juvenile department and is kept manually, through the
use of electronic data processing equipment, or by any other
means by a law enforcement or public investigative agency, a
juvenile court or juvenile department or an agency of the State
of Oregon. 'Record' does not include:
(A) A transcript of a student's Youth Corrections Education
Program academic record;
(B) Material on file with a public agency which is necessary
for obtaining federal financial participation regarding financial
assistance or services on behalf of a person who has had a
contact;
(C) Records kept or disseminated by the Department of
Transportation, State Marine Board and State Fish and Wildlife
Commission pursuant to juvenile or adult order or recommendation;
(D) Police and court records related to an order of waiver
where the matter is still pending in the adult court or on appeal
therefrom, or to any disposition as an adult pursuant to such
order;
(E) Records related to a support obligation;
(F) Medical records;
(G) Records of a proposed or adjudicated termination of
parental rights and adoptions;
(H) Any law enforcement record of a person who currently does
not qualify for expunction or of current investigations or cases
waived to the adult court;
(I) Records and case reports of the Oregon Supreme Court and
the Oregon Court of Appeals;
(J) Any records in cases under ORS 419C.005 in which a juvenile
court found a person to be within the jurisdiction of the court
based upon the person's commission of an act which if done by an
adult would constitute one of the following offenses:
(i) Aggravated murder under ORS 163.095;
(ii) Murder under ORS 163.115;
(iii) Attempt, solicitation or conspiracy to commit murder or
aggravated murder;
(iv) Manslaughter in the first degree under ORS 163.118;
(v) Manslaughter in the second degree under ORS 163.125;
(vi) Criminally negligent homicide under ORS 163.145;
(vii) Assault in the first degree under ORS 163.185;
(viii) Criminal mistreatment in the first degree under ORS
163.205;
(ix) Kidnapping in the first degree under ORS 163.235;
(x) Rape in the third degree under ORS 163.355;
(xi) Rape in the second degree under ORS 163.365;
(xii) Rape in the first degree under ORS 163.375;
(xiii) Sodomy in the third degree under ORS 163.385;
(xiv) Sodomy in the second degree under ORS 163.395;
(xv) Sodomy in the first degree under ORS 163.405;
(xvi) Unlawful sexual penetration in the second degree under
ORS 163.408;
(xvii) Unlawful sexual penetration in the first degree under
ORS 163.411;
(xviii) Sexual abuse in the third degree under ORS 163.415;
(xix) Sexual abuse in the second degree under ORS 163.425;
(xx) Sexual abuse in the first degree under ORS 163.427;
(xxi) Promoting prostitution under ORS 167.012;
(xxii) Compelling prostitution under ORS 167.017;
(xxiii) Aggravated driving while suspended or revoked under ORS
163.196;
(xxiv) Aggravated vehicular homicide under ORS 163.149; or
(xxv) An attempt to commit a crime listed in this subparagraph
other than manslaughter in the second degree and criminally
negligent homicide;
(K) Blood samples, buccal samples and other physical evidence
and identification information obtained, stored or maintained by
the Department of State Police under authority of ORS 137.076,
181.085 or 419C.473 { + or section 1 of this 2011 Act + }; or
(L) Records maintained in the Law Enforcement Data System under
ORS 181.592.
(e) 'Termination' means:
(A) For a person who is the subject of a record kept by a
juvenile court or juvenile department, the final disposition of a
case by informal means, by a decision not to place the person on
probation or make the person a ward of the court after the person
has been found to be within the court's jurisdiction, or by a
discontinuance of probation or of the court's wardship.
(B) For a person who is the subject of a record kept by a law
enforcement or public investigative agency, a juvenile court or
juvenile department or an agency of the State of Oregon, the
final disposition of the person's most recent contact with a law
enforcement agency.
(2) The juvenile court or juvenile department shall make
reasonable effort to provide written notice to a child who is
within the court's jurisdiction under ORS 419B.100 (1)(a) to (c)
and (f) or to a youth who is within the court's jurisdiction
under ORS 419C.005, and to the child's or youth's parent, of the
procedures for expunction of a record, the right to counsel under
this chapter, the legal effect of an expunction order and the
procedures for seeking relief from the duty to report as a sex
offender provided under ORS 181.823, at the following times:
(a) At any dispositional hearing or at the time of entering
into a formal accountability agreement;
(b) At the time of termination;
(c) Upon notice to the subject of an expunction pending
pursuant to application of a juvenile department or motion on a
juvenile court; and
(d) At the time of notice of execution of an expunction order.
SECTION 7. ORS 419C.473 is amended to read:
419C.473. (1) Whenever a youth offender has been found to be
within the jurisdiction of the court under ORS 419C.005 for
having committed an act that if done by an adult would constitute
a felony listed in subsection (2) of this section, the court
shall order the youth offender 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 offender 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.
(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 offender in accordance with this section, ORS 137.076
or 161.325 (4) { + or section 1 of this 2011 Act + }; or
(b) The court determines that obtaining a sample would create a
substantial and unreasonable risk to the health of the youth
offender.
(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.
SECTION 8. ORS 137.300 is amended to read:
137.300. (1) The Criminal Fine and Assessment Account is
established in the General Fund of the State Treasury. All moneys
in the account are continuously appropriated to the Department of
Revenue to be distributed by the Department of Revenue according
to allocations made by the Legislative Assembly. The Department
of Revenue shall keep a record of moneys transferred into and out
of the account. The Department of Revenue shall report monthly to
the Attorney General the amount of moneys received from the state
courts in each county and from each city court.
(2) The Legislative Assembly shall allocate moneys in the
account according to the following priority:
(a) Public safety standards, training and facilities;
(b) Criminal injuries compensation and assistance to victims of
crime and children reasonably suspected of being victims of
crime;
(c) Forensic services of the Oregon State Police including, but
not limited to, services of the State Medical Examiner;
{ - and - }
(d) Maintenance and operation of the Law Enforcement Data
System { + ; and
(e) DNA collection and testing described in section 1 of this
2011 Act + }.
(3) Moneys in the account may not be allocated for:
(a) The payment of debt service obligations; or
(b) Any purpose other than those listed in subsection (2) of
this section.
(4) The Department of Revenue shall deposit in the General Fund
all moneys remaining in the account after the distributions
required by subsections (1) and (2) of this section have been
made.
(5) The Department of Revenue shall establish by rule a process
for distributing moneys in the account.
(6) The Department of Justice shall report monthly to the
Department of Revenue the amount of moneys ordered to be applied
to child support under ORS 135.280.
SECTION 9. { + Section 1 of this 2011 Act and the amendments
to ORS 137.076, 137.290, 137.300, 181.085, 181.511, 419A.260 and
419C.473 by sections 2 to 7 of this 2011 Act apply to conduct
occurring on or after the effective date of this 2011 Act. + }
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