ORS 419C.473
Authority to order blood or buccal samples

Text
Annotations 4

(1)

Whenever an adjudicated youth 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 adjudicated youth 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).

(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;

(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 adjudicated youth 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 adjudicated youth.

(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.

(5)

The court may not order the adjudicated youth or the parent or guardian of the adjudicated youth to pay for or to reimburse any agency for the cost of obtaining or transmitting a blood or buccal sample under this section. [1993 c.33 §237; 1999 c.97 §6; 2001 c.852 §4; 2003 c.396 §117; 2019 c.65 §3; 2021 c.489 §80; 2021 c.597 §25a]

Source: Section 419C.473 — Authority to order blood or buccal samples, https://www.oregonlegislature.gov/bills_laws/ors/ors419C.html.

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)

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Oregon:	OAR, ORS
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World:	Rome Statute, International Dictionary

ORS 419C.473 Authority to order blood or buccal samples

(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(3)

(a)

(b)

(4)

(5)

Notes of Decisions

ORS 419C.473
Authority to order blood or buccal samples