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Information Regarding Possible Changes in Oregon Following US Supreme Court Decision Allowing DNA Swabs From Arrestees

June 4, 2013

Oregon Revised Statute (ORS) 137.076 authorizes the collection of a DNA sample from persons 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 degee, sexual abuse in the second degree, burglary in the second degree or promoting prostitution; or
(d) Murder or aggravated murder.

Oregon is what is referred to an an all felon state, which means that all persons convicted of a felony (and some misdemeanors) must provide a sample for inclusion in the DNA database. Our current laws do not allow for the collection of DNA samples from persons arrested, but not convicted of a crime. There are 28 states and the federal government which have some type of arrestee DNA laws, allowing for the collection of DNA samples from arrestees.

### www.oregon.gov/OSP ###