2007 ORS 419C.473¹
Authority to order blood or buccal samples

(1) Whenever a youth offender has been found to be within the jurisdiction of the court under ORS 419C.005 (Jurisdiction) 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 (Blood or buccal sample and thumbprint of certain convicted defendants required). 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 (Blood or buccal sample and thumbprint of certain convicted defendants required). 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 (Rape in the third degree) to 163.427 (Sexual abuse in the first degree), 163.465 (Public indecency) (1)(c), 163.525 (Incest) and 163.670 (Using child in display of sexually explicit conduct);

(b) Burglary in the second degree, as defined in ORS 164.215 (Burglary in the second degree), 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 (Promoting prostitution) and 167.017 (Compelling prostitution);

(d) Burglary in the first degree, as defined in ORS 164.225 (Burglary in the first degree);

(e) Assault in the first degree, as defined in ORS 163.185 (Assault in the first degree);

(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 (Blood or buccal sample and thumbprint of certain convicted defendants required) or 161.325 (Entry of judgment of guilty except for insanity) (4); 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 (Authority over blood and buccal samples and analyses) may be maintained, stored, destroyed and released to authorized persons or agencies under the conditions established in ORS 181.085 (Authority over blood and buccal samples and analyses) and rules adopted by the Department of State Police under the authority of that section. [1993 c.33 §237; 1999 c.97 §6; 2001 c.852 §4; 2003 c.396 §117]

Notes of Decisions

Under Former Similar Statute

Court erred in imposing blood draw as proba­tion condi­tion for act not constituting felony. State ex rel Juv. Dept. v. Wingerter, 126 Or App 286, 868 P2d 1346 (1994)

Drawing of blood samples from convicted or adjudicated prisoners for future DNA identifica­tion purposes does not constitute unreasonable search or seizure. State ex rel Juv. Dept. v. Orozco, 129 Or App 148, 878 P2d 432 (1994), Sup Ct review denied

Drawing blood sample for DNA registry does not interfere with treat­ment of child. State ex rel Juv. Dept. v. Mitchell, 130 Or App 134, 880 P2d 958 (1994), aff'd 325 Or 479, 940 P2d 518 (1997)

Chapter 419C

Law Review Cita­tions

Under Former Similar Statutes

56 OLR 428 (1977); 16 WLR 417 (1979)


1 Legislative Counsel Committee, CHAPTER 419C—Juvenile Code: Delinquency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­419c.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 419C, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­419cano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.