(1) The Department of State Police shall adopt rules concerning the prioritization of testing untested sexual assault forensic evidence kits in the department’s possession. The rules must contain a requirement to test all nonanonymous kits and a prohibition on the testing of anonymous kits.

Terms Used In Oregon Statutes 181A.324

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(2) The department shall test any untested sexual assault forensic evidence kits, other than anonymous kits, in the department’s possession in accordance with the rules adopted pursuant to subsection (1) of this section.

(3)(a) The department shall designate an entity, position or class of positions to receive inquiries from law enforcement agencies and victims seeking information concerning the testing of sexual assault forensic evidence kits.

(b) The department shall prohibit victims from directly contacting a forensic laboratory performing testing of sexual assault forensic evidence kits and may not publicize a means for victims to contact the laboratory.

(4)(a) As soon as practicable, the department shall ensure that the results from testing sexual assault forensic evidence kits that are eligible to be entered into the Combined DNA Index System are entered into the system after the testing results are obtained.

(b) No later than July 1, 2019, the department shall provide a written report to the interim committees of the Legislative Assembly related to the judiciary, in the manner provided in ORS § 192.245, describing the department’s progress in entering results from testing sexual assault forensic evidence kits into the Combined DNA Index System.

(5) No later than January 15 of each calendar year, the department shall provide a written report to the interim committees of the Legislative Assembly related to the judiciary in the manner provided in ORS § 192.245. The report must detail the progress made on the backlog of untested sexual assault forensic evidence kits and include the number of new kits that have been received during the previous calendar year, the number of kits that have been tested during the previous calendar year, and the number of remaining untested kits in the possession of the department. [2016 c.89 § 3]

 

See note under 181A.322.

 

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