18.005, must comply with ORS 18.048. ����� (4) The requirements of this section do not apply to a judgment document if the action was commenced by the issuance of a uniform citation adopted under ORS

18.005, must comply with ORS 18.048.

����� (4) The requirements of this section do not apply to a judgment document if the action was commenced by the issuance of a uniform citation adopted under ORS 1.525 and the court has used the space on the citation for the entry of a judgment. The exemption provided by this subsection does not apply if any indictment, information or complaint other than a uniform citation is filed in the action.

����� (5) For the purposes of determining the defendant�s age at the time of committing an offense under subsection (2) of this section:

����� (a) If the defendant is convicted of two or more offenses occurring on different days, the defendant�s age shall be calculated using the earliest date.

����� (b) If the defendant is convicted of an offense occurring within a range of dates, the defendant�s age shall be calculated using the date at the beginning of the range. [1989 c.472 �2; 1995 c.117 �1; 1997 c.526 �3; 2001 c.962 �88; 2003 c.300 ��1,2; 2003 c.576 �162; 2019 c.634 �1]

����� 137.072 [1967 c.585 �2; repealed by 1973 c.836 �358]

����� 137.073 [1989 c.472 �3; repealed by 2003 c.576 �580]

����� 137.074 Fingerprints of convicted felons and certain misdemeanants required. When a person is convicted of a felony, a Class A misdemeanor or a sex crime, as defined in ORS 163A.005, the court shall ensure that the person�s fingerprints have been taken. The law enforcement agency attending upon the court is the agency responsible for obtaining the fingerprints. The agency attending upon the court may, by agreement, arrange for another law enforcement agency to obtain the fingerprints on its behalf. [1989 c.790 �19; 1997 c.538 �14]

����� Note: 137.074 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 137.075 [1967 c.585 �3; 1971 c.743 �323; repealed by 1973 c.836 �358]

����� 137.076 Blood or buccal sample and thumbprint of certain convicted defendants required; application. (1) This section applies to any person 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 degree, sexual abuse in the second degree, burglary in the second degree or promoting prostitution; or

����� (d) Murder or aggravated murder.

����� (2) When a person is convicted of an offense listed in subsection (1) of this section:

����� (a) The person shall, whether or not ordered to do so by the court under paragraph (b) of this subsection, provide a blood or buccal sample at the request of the appropriate agency designated in paragraph (c) of this subsection.

����� (b) The court shall include in the judgment of conviction an order stating that a blood or buccal sample is required to be obtained at the request of the appropriate agency and, unless the convicted person lacks the ability to pay, that the person shall reimburse the appropriate agency for the cost of obtaining and transmitting the blood or buccal sample. If the judgment sentences the convicted person to probation, the court shall order the convicted person to submit to the obtaining of a blood or buccal sample as a condition of the probation.

����� (c) The appropriate agency shall cause a blood or buccal sample to be obtained and transmitted to the Department of State Police. The agency shall cause the sample to be obtained as soon as practicable after conviction. The agency shall obtain the convicted person�s thumbprint at the same time the agency obtains the blood or buccal sample. The agency shall include the thumbprint with the identifying information that accompanies the sample. Whenever an agency is notified by the Department of State Police that a sample is not adequate for analysis, the agency shall obtain and transmit a blood sample. The appropriate agency shall be:

����� (A) The Department of Corrections, whenever the convicted person is committed to the legal and physical custody of the department.

����� (B) In all other cases, the law enforcement agency attending upon the court.

����� (3)(a) A blood sample may only be drawn in a medically acceptable manner by a licensed physician, a person acting under the direction or control of a licensed physician, a physician associate licensed under ORS 677.505 to 677.525, a nurse licensed under ORS chapter 678 or a qualified medical technician.

����� (b) A buccal sample may be obtained by anyone authorized to do so by the appropriate agency. The person obtaining the buccal sample shall follow the collection procedures established by the Department of State Police.

����� (c) A person authorized by this subsection to obtain a blood or buccal sample shall not be held civilly liable for obtaining a sample in accordance with this subsection and subsection (2) of this section, ORS 161.325 and 419C.473. The sample shall also be obtained and transmitted in accordance with any procedures that may be established by the Department of State Police. However, no test result or opinion based upon a test result shall be rendered inadmissible as evidence solely because of deviations from procedures adopted by the Department of State Police that do not affect the reliability of the opinion or test result.

����� (4) No sample is required to be obtained if:

����� (a) The Department of State Police notifies the court or the appropriate agency that it has previously received an adequate blood or buccal sample obtained from the convicted person in accordance with this section or ORS 161.325 or 419C.473; or

����� (b) The court determines that obtaining a sample would create a substantial and unreasonable risk to the health of the convicted person.

����� (5) The provisions of subsections (1) to (4) of this section apply to any person who, on or after September 29, 1991, is serving a term of incarceration as a sentence or as a condition of probation imposed for conviction of an offense listed in subsection (1) of this section, and any such person shall submit to the obtaining of a blood or buccal sample. Before releasing any such person from incarceration, the supervisory authority shall cause a blood or buccal sample and the person�s thumbprint to be obtained and transmitted in accordance with subsections (1) to (4) of this section. [1991 c.669 ��2,5; 1993 c.14 �3; 1993 c.33 �298; 1993 c.301 �3; 1999 c.97 �1; 2001 c.852 �1; 2014 c.45 �23; 2024 c.73 �37]

����� Note: 137.076 (5) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Presentence Report)

����� 137.077 Presentence report; general principles of disclosure. The presentence report is not a public record and shall be available only to:

����� (1) The sentencing court for the purpose of assisting the court in determining the proper sentence to impose and to other judges who participate in a sentencing council discussion of the defendant. The sentencing judge may disclose information from the presentence report that is necessary to address the content of the report, examine the reasoning for a sentencing recommendation or to explain the reasons for the sentence imposed. Appellate judges may disclose information from the presentence report that is necessary for legal analysis of the case or to report the reasoning of the appellate court.

����� (2) The Department of Corrections, State Board of Parole and Post-Prison Supervision and other persons or agencies having a legitimate professional interest in the information likely to be contained therein. These agencies or persons may make the presentence report, or any reports based on the contents of that report, available to the victim.

����� (3) Appellate or review courts where relevant to an issue on which an appeal is taken or post-conviction relief sought.

����� (4) The district attorney, the defendant or the counsel of the defendant, as provided in ORS