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)(d), 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;
(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 (Finding 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 181A.155 (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 181A.155 (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; 2019 c.65 §3]
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. Currency Information