71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1979
 
                         Senate Bill 248
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  District Attorneys Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that prosecuting attorney must disclose to defendant,
upon defendant's request, general nature of evidence of other
crimes, wrongs or acts that prosecution intends to introduce at
trial. Provides that court may limit pretrial disclosure for good
cause shown by prosecution.
 
                        A BILL FOR AN ACT
Relating to evidence; amending ORS 40.170 and 40.175.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 40.170 is amended to read:
  40.170. (1) Evidence of a person's character or trait of
character is admissible when it is an essential element of a
charge, claim or defense.
  (2) Evidence of a person's character is not admissible for the
purpose of proving that the person acted in conformity therewith
on a particular occasion, except:
  (a) Evidence of a pertinent trait of character offered by an
accused, or by the prosecution to rebut the same;
  (b) Evidence of a pertinent trait of character of the victim of
the crime offered by an accused, or by the prosecution to rebut
the same or evidence of a character trait of peacefulness of the
victim offered by the prosecution to rebut evidence that the
victim was the first aggressor;
  (c) Evidence of the character of a witness, as provided in ORS
40.345 to 40.355; or
  (d) Evidence of the character of a party for violent behavior
offered in a civil assault and battery case when self-defense is
pleaded and there is evidence to support such defense.
  (3) Evidence of other crimes, wrongs or acts is not admissible
to prove the character of a person in order to show that the
person acted in conformity therewith. It may, however, be
admissible for other purposes, such as proof of motive,
opportunity, intent, preparation, plan, knowledge, identity, or
absence of mistake or accident.  { + Upon the request of the
defendant, the prosecuting attorney in a criminal proceeding must
disclose to the defendant before trial the general nature of any
evidence of other crimes, wrongs or acts that the prosecution
intends to introduce at trial. The court may limit pretrial
disclosure under the provisions of this subsection for good cause
shown by the prosecution. + }
    { - (4) In criminal actions, evidence of other crimes, wrongs
or acts by the defendant is admissible if relevant except as
otherwise provided by: - }
    { - (a) ORS 40.180, 40.185, 40.190, 40.195, 40.200, 40.205,
40.210 and, to the extent required by the United States
Constitution or the Oregon Constitution, ORS 40.160; - }
    { - (b) The rules of evidence relating to privilege and
hearsay; - }
    { - (c) The Oregon Constitution; and - }
    { - (d) The United States Constitution. - }
  SECTION 2. ORS 40.175 is amended to read:
  40.175. (1) In all cases in which evidence of character or a
trait of character of a person is admissible, proof may be made
by testimony as to reputation or by testimony in the form of an
opinion. On cross-examination, inquiry is allowable into relevant
specific instances of conduct.
  (2)(a) In cases in which character or a trait of character of a
person is admissible under ORS 40.170 (1), proof may also be made
of specific instances of the conduct of the person.
  (b) When evidence is admissible under ORS 40.170 (3)   { - or
(4) - } , proof may be made of specific instances of the conduct
of the person.
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