Administering Entity
Arrestees: No.
Convicted Offenders: Yes.
Qualifying Crimes: Any felony; third-degree sexual abuse or public indecency; conspiracy or attempt to commit third-degree rape, third-degree sodomy, second-degree sexual abuse, second-degree burglary, or promoting prostitution; and murder or aggravated murder. For minors: committing an act that, if done by an adult, would constitute one of the following enumerated felonies: 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; burglary in the second degree, when committed with intent to commit any offense listed above; promoting or compelling prostitution; burglary in the first degree; conspiracy or attempt to commit any Class A or Class B felony enumerated above; or murder or aggravated murder
Time of Collection: Collected at the appropriate agency’s request as soon as practicable after conviction; before release, for those incarcerated; or as a condition of probation. No sample is taken where one was already collected or where collection would create a substantial or unreasonable risk to the defendant’s health.
Expungement: By written request from the person who provided the sample, with a certified copy of the court order reversing the conviction, judgment, or order that created the obligation to provide it. The department need not destroy physical evidence from a sample where evidence relating to another covered person would be destroyed with it.
Statutes / Case Law
O.R.S. § 137.076. Blood or buccal sample and thumbprint of certain convicted defendants; application
O.R.S. § 181A.155. Authority over blood, buccal and other samples
O.R.S. § 419C.473. Blood or buccal samples; felonies subject to requirement
Legislative History
- HB 3444 (1991) → Or. Laws 1991, ch. 669, effective September 29, 1991. Created ORS 137.076. Required blood samples from persons convicted of specified offenses — sex offenses (rape, sodomy, unlawful sexual penetration, sexual abuse, public indecency, incest, using a child in a display of sexually explicit conduct), promoting or compelling prostitution, second-degree burglary committed with intent to commit a listed sex offense, conspiracy or attempt to commit any of those felonies, and murder or aggravated murder. Required samples to be transmitted to the Department of State Police for criminal identification analysis, establishing the framework for Oregon’s DNA offender database.
- SB 231 (1993) — “relating to probation.” Amended ORS 137.076. The folder holds the Oregon State Archives bill tracing sheet, which documents Senate Judiciary Committee minutes of January 27 and February 8, House Judiciary Crime and Corrections Subcommittee minutes of March 1, and House Judiciary full committee minutes of March 8, with 6 pages of minutes and 7 pages of exhibits on file. The bill text itself is not in the folder, so the substance of the amendment is unverified.
- SB 257 (1993) — “relating to juveniles.” Amended ORS 137.076. The archives tracing sheet documents extensive Senate Judiciary testimony on February 15 and 24 — including from a Multnomah County judge, the Oregon Juvenile Department Directors Association, the Oregon Community Children and Youth Services Commission, Children Services Division, and the Juvenile Rights Project — plus House Judiciary Civil Law Subcommittee minutes of March 16 and April 1 and full committee minutes of April 6. Bill text not in the folder; substance unverified.
- HB 2420 (1999) → Or. Laws 1999, ch. 97. “Relating to genetic profile testing.” Amended ORS 137.076, 161.325, 181.085, 419A.260, 419C.446 and 419C.473. Added buccal samples as an alternative to blood draws, required collection of the convicted person’s thumbprint alongside the sample, and added burglary in the first degree (ORS 164.225) and assault in the first degree (ORS 163.185) as standalone qualifying offenses while removing 164.225 from the intent-based second-degree burglary paragraph. Applied the mandate retroactively to persons serving a term of incarceration on or after September 29, 1991 for a qualifying offense, requiring collection before release; extended the obligation to juveniles adjudicated for qualifying offenses under ORS 419C.473 and to persons found guilty except for insanity under ORS 161.325; and authorized the State Police to create non-identified statistical population frequency databases.
- HB 2664 (2001) → Or. Laws 2001, ch. 852. “Relating to criminal procedure,” amending ORS 137.076, 181.085 and 419C.473 and appropriating money. The decisive expansion: ORS 137.076(1) was rewritten so the section applies to any person convicted of a felony, with the former enumerated list collapsed into three residual paragraphs covering third-degree sexual abuse and public indecency, certain conspiracies and attempts, and murder or aggravated murder. Section 2 required supervisory authorities to collect from every person already on parole, post-prison supervision, or probation for a non-listed felony, with collection required by June 30, 2002 or before supervision terminated, whichever came first, and no sample required where one had already been obtained. Section 3 amended ORS 181.085 to add a prioritization scheme where funds are insufficient, analyzing sex and violent offense samples first. It also conditioned disclosure on the receiving agency agreeing to destroy the sample, physical evidence, and identification information if notified that a court reversed the underlying conviction, and required the department to destroy its own holdings in that circumstance.
- SB 1548 (2014) → Or. Laws 2014, ch. 45. “Relating to mid-level health care practitioners,” a licensing omnibus amending roughly a hundred sections. Section 23 amended ORS 137.076(3)(a), the blood-draw authorization. It struck “a licensed professional nurse, a licensed practical nurse, a qualified medical technician” and reset the list to a licensed physician, a person acting under the direction or control of a licensed physician, a physician assistant licensed under ORS 677.505 to 677.525, a nurse licensed under ORS chapter 678, and a qualified medical technician. No change to who must provide samples or which offenses are covered.
No program or law identified.
No formal program or law identified, but evidence of use in cold case unit.
Washington County, Oregon received a grant to collect LODNA, which it completely in 2024.
It looks like it is the only county in the state that received funding and/or that works on LODNA.
Washington County also ran a LODNA project on a FY2018 SAKI grant ($974,066). SAKI grantee table
No program or law found.