71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3680
Sponsored by Representatives MINNIS, WILLIAMS; Representatives
BACKLUND, BUTLER, CARLSON, DEVLIN, HILL, KAFOURY, KNOPP,
NELSON, PATRIDGE, SCHRADER, G SMITH, STARR, WILSON, WINTERS
CHAPTER ................
AN ACT
Relating to evidence of other acts of domestic violence; creating
new provisions; and amending ORS 40.355.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 40.355 is amended to read:
40.355. (1) For the purpose of attacking the credibility of a
witness, evidence that the witness has been convicted of a crime
shall be admitted if elicited from the witness or established by
public record, but only if the crime { + : + }
(a) Was punishable by death or imprisonment in excess of one
year under the law under which the witness was convicted
{ - , - } { + ; + } or
(b) Involved false statement or dishonesty.
{ + (2)(a) If a defendant is charged with one or more of the
crimes listed in paragraph (b) of this subsection, and the
defendant is a witness, evidence that the defendant has been
convicted of committing one or more of the following crimes
against a family or household member, as defined in ORS 135.230,
may be elicited from the defendant, or established by public
record, and admitted into evidence for the purpose of attacking
the credibility of the defendant:
(A) Assault in the fourth degree under ORS 163.160.
(B) Menacing under ORS 163.190.
(C) Harassment under ORS 166.065.
(D) Attempted assault in the fourth degree under ORS 163.160
(1).
(E) Attempted assault in the fourth degree under ORS 163.160
(3).
(b) Evidence may be admitted into evidence for the purpose of
attacking the credibility of a defendant under the provisions of
this subsection only if the defendant is charged with committing
one or more of the following crimes against a family or household
member, as defined in ORS 135.230:
(A) Aggravated murder under ORS 163.095.
(B) Murder under ORS 163.115.
(C) Manslaughter in the first degree under ORS 163.118.
(D) Manslaughter in the second degree under ORS 163.125.
(E) Assault in the first degree under ORS 163.185.
(F) Assault in the second degree under ORS 163.175.
(G) Assault in the third degree under ORS 163.165.
(H) Assault in the fourth degree under ORS 163.160.
Enrolled House Bill 3680 (HB 3680-A) Page 1
(I) Rape in the first degree under ORS 163.375 (1)(a).
(J) Sodomy in the first degree under ORS 163.405 (1)(a).
(K) Unlawful sexual penetration in the first degree under ORS
163.411 (1)(a).
(L) Sexual abuse in the first degree under ORS 163.427
(1)(a)(B).
(M) Kidnapping in the first degree under ORS 163.235.
(N) Kidnapping in the second degree under ORS 163.225.
(O) Burglary in the first degree under ORS 164.225.
(P) Coercion under ORS 163.275.
(Q) Stalking under ORS 163.732.
(R) Violating a court's stalking protective order under ORS
163.750.
(S) Menacing under ORS 163.190.
(T) Harassment under ORS 166.065.
(U) Attempting to commit a crime listed in this paragraph. + }
{ - (2) - } { + (3) + } Evidence of a conviction under this
section is not admissible if:
(a) A period of more than 15 years has elapsed since the date
of the conviction or of the release of the witness from the
confinement imposed for that conviction, whichever is the later
date; or
(b) The conviction has been expunged by pardon, reversed, set
aside or otherwise rendered nugatory.
{ - (3) - } { + (4) + } When the credibility of a witness
is attacked by evidence that the witness has been convicted of a
crime, the witness shall be allowed to explain briefly the
circumstances of the crime or former conviction; once the witness
explains the circumstances, the opposing side shall have the
opportunity to rebut the explanation.
{ - (4) - } { + (5) + } The pendency of an appeal therefrom
does not render evidence of a conviction inadmissible. Evidence
of the pendency of an appeal is admissible.
{ - (5) - } { + (6) + } An adjudication by a juvenile court
that a child is within its jurisdiction is not a conviction of a
crime.
{ - (6) - } { + (7) + } A conviction of any of the
statutory counterparts of offenses designated as violations as
described in ORS 153.008 may not be used to impeach the character
of a witness in any criminal or civil action or proceeding.
SECTION 2. { + The amendments to ORS 40.355 by section 1 of
this 2001 Act apply only to trials and hearings commenced on or
after the effective date of this 2001 Act. + }
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Enrolled House Bill 3680 (HB 3680-A) Page 2
Passed by House May 29, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 18, 2001
...........................................................
President of Senate
Enrolled House Bill 3680 (HB 3680-A) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3680 (HB 3680-A) Page 4