Or. Admin. Code § 257-060-0015

Current through Register Vol. 63, No. 12, December 1, 2024

Section 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.

Or. Admin. Code § 257-060-0015

OSP 2-1991(Temp), f. 9-12-91, cert. ef. 9-29-91; OSP 5-1991, f. & cert. ef. 11-21-91

Stat. Auth.: ORS 181.085(1)(e)

Stats. Implemented: ORS 137.076