137.076 Blood
or buccal sample and thumbprint of certain convicted defendants required;
application. (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
physician, a person acting under the direction or control of a licensed
physician, a physician associate licensed under ORS 677.505 to 677.525, a nurse
licensed under ORS chapter 678 or a qualified medical technician.
(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
(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. [1991 c.669 §§2,5; 1993 c.14 §3;
1993 c.33 §298; 1993 c.301 §3; 1999 c.97 §1; 2001 c.852 §1; 2014 c.45 §23; 2024
c.73 §37]
Note: 137.076 (5) was enacted into law
by the Legislative Assembly but was not added to or made a part of ORS chapter
137 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(Presentence Report)
Notes of Decisions
State Ex Rel. Juv. Dep't v. Orozco, 878 P.2d 432 (Or. Ct. App. 1994).
· cites it 42× “The court denied child's request to convert his delinquency petition to a dependency petition and committed him to a juvenile training school.”
State v. Sanders, 163 P.3d 607 (Or. 2007).
· cites it 22× “1 Under ORS 137.076, because defendant had been convicted of a felony, 2 the trial court was required to include in the judgment of conviction an order requiring defendant to submit a blood or buccal sample at the request of either the Department of Corrections or a law…”
State v. Shaw, 113 P.3d 898 (Or. 2005).
· cites it 4× “4 After his convictions, pursuant to ORS 137.076, 5 the state took a buccal sample from defendant, which it used to create a DNA profile for defendant that it entered into the Oregon Convicted Offender Database.”
State v. Lyons, 924 P.2d 802 (Or. 1996).
“250 et seq (Uniform Act on Blood Tests to Determine Paternity); ORS 137.076 (blood sample of certain convicted defendants required); ORS 161.”
Polston v. State, 201 S.W.3d 406 (Ark. 2005).
“4); Oregon ( Or. Rev. Stat. § 137.076 );SouthDakota(S.”
State v. Scott, 388 P.3d 1148 (Or. Ct. App. 2017).
“Thus, the court held that the requirement in ORS 137.076 that persons convicted of felonies provide a blood or buccal sample does not deprive felony offenders of their constitutional rights under the Oregon Constitution *577 by subjecting them to a specific search as a…”
State v. Wolcott, 551 P.3d 403 (Or. Ct. App. 2024).
· cites it 10× “076 requires a sentencing court to order persons convicted of a felony or other enumerated crime to provide a blood or buccal sample: “(2) When a person is convicted of an offense listed in subsection (1) of this section: “* * * * * “(b) The court shall include in the judgment…”
State v. Barber, 147 P.3d 915 (Or. Ct. App. 2006).
“The court inquired whether defendant had any objection to proceeding in that fashion, and defendant announced on the record, “No, I do not.”
State v. Hartman, 243 P.3d 480 (Or. Ct. App. 2010).
“* * * “It follows from the foregoing that ORS 137.076 does not necessarily deprive felony offenders (be they prisoners, persons on supervision, or probationers) of certain of their constitutional rights in general, or of their Article I, section 9, rights in particular, by…”
State v. Brown, 157 P.3d 301 (Or. Ct. App. 2007).
· cites it 3× “In 2001, pursuant to ORS 137.076, defendant was required to provide a buccal sample following his convictions for felonies.”
State Ex Rel. Juv. Dep't v. Mitchell, 880 P.2d 958 (Or. Ct. App. 1994).
· cites it 4× “076(1), the court shall order the child to submit to the drawing of a blood 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…”
— Or. Rev. Stat. § 137.076(1) — 5 cases
State Ex Rel. Juv. Dep't v. Orozco, 878 P.2d 432 (Or. Ct. App. 1994).
“The court denied child's request to convert his delinquency petition to a dependency petition and committed him to a juvenile training school.”
State Ex Rel. Juv. Dep't v. Mitchell, 880 P.2d 958 (Or. Ct. App. 1994).
“076(1), the court shall order the child to submit to the drawing of a blood 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…”
State v. Wolcott, 551 P.3d 403 (Or. Ct. App. 2024).
“076 requires a sentencing court to order persons convicted of a felony or other enumerated crime to provide a blood or buccal sample: “(2) When a person is convicted of an offense listed in subsection (1) of this section: “* * * * * “(b) The court shall include in the judgment…”
— Or. Rev. Stat. § 137.076(2)(b) — 3 cases
State v. Sanders, 163 P.3d 607 (Or. 2007).
“1 Under ORS 137.076, because defendant had been convicted of a felony, 2 the trial court was required to include in the judgment of conviction an order requiring defendant to submit a blood or buccal sample at the request of either the Department of Corrections or a law…”
State Ex Rel. Juv. Dep't v. Orozco, 878 P.2d 432 (Or. Ct. App. 1994).
“The court denied child's request to convert his delinquency petition to a dependency petition and committed him to a juvenile training school.”
— Or. Rev. Stat. § 137.076(3)(a) — 1 case
State v. Sanders, 163 P.3d 607 (Or. 2007).
“1 Under ORS 137.076, because defendant had been convicted of a felony, 2 the trial court was required to include in the judgment of conviction an order requiring defendant to submit a blood or buccal sample at the request of either the Department of Corrections or a law…”
— Or. Rev. Stat. § 137.076(4)(b) — 1 case
State v. Sanders, 163 P.3d 607 (Or. 2007).
“1 Under ORS 137.076, because defendant had been convicted of a felony, 2 the trial court was required to include in the judgment of conviction an order requiring defendant to submit a blood or buccal sample at the request of either the Department of Corrections or a law…”
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