ORS 181A.325
Policies and procedures regarding collection, submission for testing, retention and destruction of kits


(1)

Each law enforcement agency within this state shall have policies and procedures concerning the collection, submission for testing, retention and destruction of sexual assault forensic evidence kits. The policies and procedures must be in writing, must be made available to the public as soon as possible upon request and must include:

(a)

Procedures for investigating reports of sexual assault.

(b)

A time limit by which the law enforcement agency must obtain a sexual assault forensic evidence kit from a medical facility that is within seven days after the medical facility notifies the agency that the kit has been collected.

(c)

A time limit by which a sexual assault forensic evidence kit must be submitted to the Department of State Police for testing that is within 14 days after taking possession of the kit from a medical facility.

(d)

A requirement that the law enforcement agency submit to the department information sufficient to allow the department to prioritize the testing of a sexual assault forensic evidence kit according to the rules of the department.

(e)

A prohibition on the submission of an anonymous kit to the department for testing.

(f)

A requirement that all sexual assault forensic evidence kits, including anonymous kits, be retained for no less than 60 years after the collection of the evidence.

(g)

A requirement that when a victim who did not previously participate with a law enforcement agency in the creation of a report of a sexual assault participates in the creation of a report of the sexual assault at a later time, the sexual assault forensic evidence kit associated with the report must be reclassified as a nonanonymous kit.

(h)

A requirement that when a sexual assault forensic evidence kit is reclassified as a nonanonymous kit as described in paragraph (g) of this subsection, the law enforcement agency in possession of the kit shall submit the kit to the department for testing within 14 days of the reclassification.

(2)

Each law enforcement agency within this state shall have policies and procedures concerning contact with the victims and the provision of information to victims concerning sexual assault forensic evidence kits. The policies and procedures must include:

(a)

A requirement that the agency designate at least one person within the agency to receive all telephone inquiries concerning sexual assault forensic evidence kits and to serve as a liaison between the agency and the Department of State Police.

(b)

A requirement that, at the time that a sexual assault forensic evidence kit is collected, a victim be provided with the contact information of a person described in paragraph (a) of this subsection.

(c)

Provisions allowing sexual assault victims to request and receive information concerning sexual assault forensic evidence kits, including but not limited to the location, testing date and testing results of a kit, whether a DNA sample was obtained from the kit, whether or not there are matches to DNA profiles in state or federal databases and the estimated destruction date for the kit.

(d)

A requirement that a person described in paragraph (a) of this subsection provide, in response to a victim inquiry concerning a sexual assault forensic evidence kit, any information the victim requests in a manner of communication designated by the victim, as soon as possible and within 30 days of the inquiry, unless the agency declines to provide the information pursuant to paragraph (e) of this subsection.

(e)

Provisions allowing the agency to decline to provide information that interferes with the investigation or prosecution of a case.

(f)

A procedure that allows a sexual assault victim to provide the agency with written authorization for a designee to access information on the victim’s behalf.

(g)

Provisions allowing a victim to contact a person described in paragraph (a) of this subsection in order to participate with the law enforcement agency in the creation of a report of the sexual assault associated with the sexual assault forensic evidence kit. [2016 c.89 §4; 2016 c.89 §6; 2017 c.361 §2]
Note: See note under 181A.322 (Short title).

Source: Section 181A.325 — Policies and procedures regarding collection, submission for testing, retention and destruction of kits, https://www.­oregonlegislature.­gov/bills_laws/ors/ors181A.­html.

181A.010
Definitions for ORS 181A.010 to 181A.350
181A.015
Department of State Police established
181A.020
State Police Account
181A.025
Petty cash account
181A.030
Superintendent of State Police
181A.035
Appointment of Deputy Superintendent of State Police
181A.040
Powers and duties of deputy superintendent
181A.045
Oath of superintendent and deputy superintendent
181A.050
Oregon State Police
181A.055
Qualifications for appointment and reappointment of state police
181A.060
Appointment of employees of department as special state police officers
181A.065
Oath of members of state police
181A.070
Salaries of state police
181A.075
Instruction
181A.080
Powers and duties of department and its members
181A.085
Targeted enforcement program
181A.090
Duty to enforce laws and regulations of agencies
181A.095
Headquarters and patrol stations
181A.100
Organization of work of department
181A.105
Distribution of police throughout state
181A.110
Standard uniform for state police
181A.115
Supplies and equipment of state police
181A.120
Commanding assistance of citizens
181A.125
Interference with personal and property rights of others
181A.130
Records and reports of activities and time spent in performance of duties
181A.135
National Crime Prevention and Privacy Compact
181A.140
Department responsible for criminal identification information
181A.145
Criminal investigations division
181A.150
Forensic laboratories
181A.155
Authority over blood and buccal samples and analyses
181A.160
Fingerprints, identifying data, disposition report required upon arrest
181A.165
Crimes for which criminal offender information is required
181A.170
Electronic fingerprint capture technology required
181A.175
Transmittal of disposition report
181A.180
Copy of certain disposition reports to Teacher Standards and Practices Commission and Department of Education
181A.185
Report of release or escape from state institution of certain inmates
181A.190
Criminal records check
181A.195
Criminal records check
181A.200
Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints
181A.202
Authority of municipal tax collection agency to require fingerprints
181A.205
Voluntary fingerprint retention program
181A.210
Criminal identification information to be furnished to Native American tribe
181A.215
Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks
181A.220
Confidentiality of some records
181A.225
Reporting of crime statistics
181A.230
Establishment of procedures for access to criminal record information
181A.235
Fee waiver
181A.240
Procedure when information requested by designated agency
181A.245
Procedure when information requested by other than criminal justice agency
181A.250
Specific information not to be collected or maintained
181A.255
Report of suspected criminal homicide
181A.265
Criminal Justice Information Standards program
181A.270
Duties of state criminal justice agencies
181A.275
Criminal Justice Information Standards Advisory Board
181A.280
Law Enforcement Data System established
181A.285
Medical health database
181A.287
Entry of certain convictions related to possession of firearms or ammunition into Law Enforcement Data System and databases of National Crime Information Center
181A.290
Certain information required from agencies
181A.300
Establishment and maintenance of missing persons clearinghouse
181A.305
Duties of administrator of clearinghouse
181A.310
When notification of missing children clearinghouse required
181A.315
Amber Plan
181A.320
Written policies relating to missing vulnerable adults required
181A.322
Short title
181A.323
Definitions for ORS 181A.323 to 181A.328
181A.324
Sexual assault forensic evidence kit testing
181A.325
Policies and procedures regarding collection, submission for testing, retention and destruction of kits
181A.326
Notification to law enforcement agency when kit collected
181A.328
Committee on tracking of sexual assault forensic evidence
181A.338
Purchase and receipt of property from military equipment surplus program
181A.340
Commissioning of humane special agents
181A.345
Humane special agents to enforce animal welfare laws under direction of law enforcement agency
181A.348
Telecommunicators as first responders
181A.350
Eligibility of towing business to be placed on department list
181A.355
Definitions for ORS 181A.355 to 181A.689
181A.360
Board on Public Safety Standards and Training
181A.365
Organization of board
181A.370
Executive committee
181A.375
Policy committees
181A.380
Leave to perform duties of board or policy committee
181A.385
Appointment of director of department
181A.390
Training academy
181A.395
Certain officers required to be at least 21 years of age
181A.400
Authority of Department of Public Safety Standards and Training to require fingerprints
181A.405
Legislative intent and findings
181A.410
Minimum standards and training for certification
181A.420
Minimum standards and training requirements inapplicable to certain persons
181A.425
Department not required to provide training for certification of reserve officers
181A.430
Effect of minimum requirements under authority other than ORS 181A.410
181A.440
Training in vehicle pursuit, mental illness and airway and circulatory systems
181A.442
Equity training for police officers
181A.444
Training on interacting with persons who have experienced trauma
181A.445
Best practices for interacting with persons who have experienced trauma
181A.450
Child abuse and domestic violence training
181A.460
Training in missing persons cases
181A.470
Training relating to Vienna Convention and crimes motivated by prejudice or that constitute abuse
181A.480
Training in human trafficking
181A.483
Prohibition on training to use physical force that impedes breathing or circulation
181A.485
Psychological screening of law enforcement officers
181A.487
Mental health wellness policies for law enforcement agencies
181A.490
Certification of police officers and certified reserve officers
181A.500
Lapse of certification
181A.510
Certification for certain purposes of individuals employed by tribal government to perform duties of public safety officer
181A.520
Certification of corrections officers
181A.530
Certification of parole and probation officers
181A.540
Certification of judicial marshals
181A.550
Certification of regulatory specialists
181A.560
Certification of telecommunicators and emergency medical dispatchers
181A.570
Certification of full-time department employees
181A.580
Certification of certain Law Enforcement Data System employees
181A.590
Certification of instructors
181A.600
Limitation on accreditation of training programs
181A.610
Reimbursement for training to local law enforcement units
181A.620
Reimbursement of qualifying expenses
181A.630
Procedure for denial, suspension or revocation of application or certification
181A.640
Grounds for denial, suspension or revocation of application or certification of person or accreditation of program
181A.650
Judicial review of department’s final order
181A.655
Civil penalties relating to certification
181A.657
Accreditation of law enforcement agencies
181A.660
Oregon Center for Policing Excellence
181A.661
Police Memorial Trust Fund
181A.663
National Use-of-Force Data Collection
181A.665
Police Standards and Training Account
181A.666
Findings
181A.667
Review, provision and retention of personnel records
181A.668
Request for employment information
181A.670
Disclosure of information about public safety officer
181A.672
Disclosure of information about certain employees of law enforcement agencies
181A.674
Disclosure of information about certain public safety employees
181A.676
Uniform background checklist
181A.681
Report of misconduct or violation of minimum standards
181A.683
Form for reports
181A.684
Database of discipline and suspensions and revocations of certification of police officers
181A.686
Report on discipline to Department of Public Safety Standards and Training
181A.688
Findings regarding racism
181A.689
Standards for speech and expression
181A.700
Definitions for ORS 181A.702 and 181A.704
181A.702
Identifying information on uniform
181A.704
Provision of officer identity to member of public
181A.708
Use of chemical incapacitants, kinetic impact projectiles and sound devices
181A.710
Use of other law enforcement agencies to engage in barred conduct
181A.720
Definitions for ORS 181A.725 to 181A.735
181A.725
Oregon Community Crime Prevention Information Center
181A.730
Coordinator
181A.735
Advisory committee
181A.775
Definitions for ORS 181A.775 to 181A.805
181A.780
Planning authority
181A.785
Components of plan
181A.790
Policy relating to use of deadly physical force
181A.795
Admissibility of conclusions and recommendations
181A.800
Compliance
181A.805
Grants
181A.810
Expenditure limitation on grant moneys
181A.815
Expenses
181A.820
Enforcement of federal immigration laws
181A.822
Definitions for ORS 181A.822 to 181A.829
181A.823
Prohibitions related to immigration enforcement
181A.826
Prohibition on use of public resources for immigration enforcement
181A.827
Sanctuary violation reporting mechanism
181A.828
Prohibition on civil arrest without warrant or order in court facility or in connection with court proceeding
181A.829
Prohibition on agreements related to immigration enforcement
181A.835
Peer support counseling sessions
181A.840
Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995
181A.845
Applicability of ORS 181A.840 to 181A.893
181A.850
Prohibited acts
181A.855
Qualifications for private security professional
181A.860
Application procedure
181A.865
Qualifications for executive manager or supervisory manager
181A.870
Board on Public Safety Standards and Training to establish standards
181A.875
Licenses and certificates
181A.880
Hearing if license or certificate denied, suspended or revoked
181A.885
Effect of being charged with crime
181A.890
Disposition of funds received by department
181A.891
Persons providing private security services on September 9, 1995
181A.893
Restrictions on entities employing private security providers
181A.895
State preemption of local laws relating to private security providers
181A.900
Procedures for licensing of private security entities
181A.902
Investigation of applicant’s character, competence and reliability
181A.904
License examination
181A.906
Firearm training
181A.908
Training through Bureau of Labor and Industries
181A.911
Interagency agreement
181A.913
Required statements to private security professionals
181A.914
Prohibitions relating to discharge of or discrimination against private security provider
181A.916
Hiring unlicensed private security entity
181A.918
Injunction against using services of unlicensed private security entity
181A.940
Definitions for ORS 181A.940 to 181A.946
181A.942
Eligibility to act as authorized tribal police officer
181A.944
Legislative purpose
181A.946
Application for nontribal police officers to exercise tribal police powers on tribal lands
181A.970
Short title
181A.972
Requirements for special campus security providers and private security providers on campuses of institutions of higher education
181A.990
Penalties
181A.995
Penalties relating to regulation of private security
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