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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF OREGON STATE POLICE

 

DIVISION 60

DNA PROFILING OF CONVICTED OFFENDERS

 

257-060-0005

Collection and Submission of Samples

(1) Blood Samples. Any blood sample drawn under the authority of ORS 137.076, 161.325, 419C.473 or 181.085 shall be collected in one 1 purple-stoppered vacutainers containing an EDTA preservative. The submitted sample shall consist of at least one full vacutainer. Agencies submitting blood samples shall:

(a) Label the vacutainers with the contributor's name and SID number. If no SID number has been assigned to the contributor, the submitting agency shall use the contributor's date of birth.

(b) Complete a submission form supplied by the Oregon State Police and enclose the completed form with the samples submitted.

(c) Deliver the blood samples within seven (7) days of the date of collection to the Oregon State Police Crime Lab DNA Profiling Unit. Samples should be refrigerated prior to delivery to the Oregon State Police Crime Lab.

(2) Buccal Samples. Oral buccal cell samples shall be submitted on proper preservation media as described in the Oregon State Police protocols.

Stat. Auth.: ORS 181.085(1)(e)
Stats. Implemented: ORS 137.076
Hist.: OSP 2-1991(Temp), f. 9-12-91, cert. ef. 9-29-91; OSP 5-1991, f. & cert. ef. 11-21-91; OSP 3-2002, f. & cert. ef. 6-14-02

257-060-0010

Inspection of DNA Profile Records

(1) Any person who believes that he or she is the subject of a record within the criminal offender DNA database may make a request to the Oregon State Police Crime Lab to verify the existence or accuracy of such a record. All requests shall be in writing and on the form "request to view genetic database information". This form may be obtained by contacting the Oregon State Police. The form shall include all of the following information:

(a) Name;

(b) Mailing address;

(c) Date of birth;

(d) SID number (unless a SID number has not been assigned to the requestor);

(e) Signature; and

(f) Right thumbprint. The right thumbprint submitted with any request must be obtained from and witnessed by a law enforcement official authorized to take fingerprints.

(2) If the criminal offender DNA database contains no record pertaining the to requestor, the Oregon State Police Crime Lab shall notify the requestor in writing that no record exists.

(3) If the criminal offender DNA database contains a record pertaining to the requestor, the Oregon State Police Crime Lab shall send a printout of the pertinent genetic profile to the address of the requestor listed in the request. Profiles pertaining to individuals other than the requestor shall not be released to the requestor.

(4) Prior to the release of a printout of pertinent genetic profile, the Oregon State Police Crime Lab may require the requestor to pay the cost of preparing and photocopying the genetic profile as established by OAR 257-020-0005.

(5) This rule applies only to those records, samples, and autoradiographs actually stored by the Oregon State Police Crime Lab, and it is not intended to preclude the crime lab from destroying those items after analysis.

Stat. Auth.: ORS 181.085(1)(e)
Stats. Implemented: ORS 137.076
Hist.: OSP 2-1991(Temp), f. 9-12-91, cert. ef. 9-29-91; OSP 5-1991, f. & cert. ef. 11-21-91; OSP 3-2002, f. & cert. ef. 6-14-02

257-060-0015

Challenges of DNA Profile Records

(1) Any contributor of a record within the criminal offenders DNA profile database may challenge the accuracy of the record by filing a challenge in writing with the Oregon State Police Crime Lab. The challenge shall identify the record by the name, date of birth, and SID number of the contributor and shall contain the contributor's address and signature and a thumbprint from each thumb.

(2) If the challenge pertains to the accuracy of the profile, it must be accompanied by a profile of the contributor's genetic material produced by an independent laboratory using the same genetic markers as those used to create the challenged record. The Oregon State Police will not be responsible for the cost of producing this independent profile.

(3) Any discrepancy between the database profile and the profile filed by the contributor will be classified as either significant or insignificant. A discrepancy is significant if it is more than twice the match criteria established by the Oregon State Police Crime Laboratory. Any lesser discrepancy will be classified as insignificant.

(4) If the discrepancy is significant, the Oregon State Police Crime Lab staff shall directly supervise the withdrawal of a new blood sample from the contributor and shall create a new profile from that sample. This new profile shall be entered into the database as the sole profile pertaining to the contributor.

(5) If the discrepancy is insignificant, the existing database record shall not be removed or altered, but shall remain the sole database profile pertaining to the contributor. The Oregon State Police Crime Lab shall retain in a separate file all materials submitted by the contributor to challenge the record.

Stat. Auth.: ORS 181.085(1)(e)
Stats. Implemented: ORS 137.076
Hist.: OSP 2-1991(Temp), f. 9-12-91, cert. ef. 9-29-91; OSP 5-1991, f. & cert. ef. 11-21-91

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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