71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 249
 
LC 1980/SB 249-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 249
 
                    By COMMITTEE ON JUDICIARY
 
                              May 1
 
  On page 1 of the printed bill, delete lines 5 through 31 and
insert:
  '  { +  SECTION 2. + } ORS 135.815 is amended to read:
  ' 135.815. (1) Except as otherwise provided in ORS 135.855 and
135.873,   { - the district attorney - }   { + a party + } shall
disclose to   { - a represented defendant - }   { + the adverse
party + } the following material and information within the
possession or control of the   { - district attorney - }
 { + party + }:
  ' (a) The names and addresses of persons whom the
 { - district attorney - }   { + party + } intends to call { + ,
or is considering calling, + } as witnesses at any stage of the
trial, together with their relevant written or recorded
statements or memoranda of any oral statements of such persons.
  '  { - (b) Any written or recorded statements or memoranda of
any oral statements made by the defendant, or made by a
codefendant if the trial is to be a joint one. - }
  '  { - (c) - }  { +  (b) + } Any reports or statements of
experts, made in connection with the particular case, including
results of physical or mental examinations and of scientific
tests, experiments or comparisons which the   { - district
attorney - }  { +  party + } intends to offer { + , or is
considering offering, + } in evidence at the trial.
  '  { - (d) - }  { +  (c) + } Any books, papers, documents,
photographs or tangible objects:
  ' (A) Which the   { - district attorney - }   { + party + }
intends to offer { + , or is considering offering, + } in
evidence at the trial; or
  ' (B)  { + Which the district attorney intends to offer, or is
considering offering, in evidence at the trial and + } which were
obtained from or belong to the defendant.
  '  { - (e) - }  { +  (d) + } If actually known to the district
attorney, any record of prior criminal convictions of persons
whom the district attorney intends to call { + , or is
considering calling, + } as witnesses at the trial; and the
district attorney shall make a good faith effort to determine if
such convictions have occurred.
  '  { - (f) - }  { +  (e) + } All prior convictions of the
defendant known to the state that would affect the determination
of the defendant's criminal history for sentencing under rules of
the Oregon Criminal Justice Commission.
  '  { +  (2) Except as otherwise provided in ORS 135.855 and
135.873, the district attorney shall disclose to a defendant any
written or recorded statements or memoranda of any oral
statements made by the defendant, or made by a codefendant if the
trial is to be a joint one. + }
  '  { - (2)(a) - }  { +  (3)(a) + } If a defendant is not
represented by a lawyer, the district attorney   { - shall
disclose to the defendant all of the information described in
subsection (1) of this section except for - }  { +  is not
required to disclose + } the addresses and telephone numbers of
the victim and any witnesses.
  ' (b) Notwithstanding paragraph (a) of this subsection, the
district attorney shall disclose the addresses and telephone
numbers of the victim and any witnesses if the trial court orders
the disclosure. A trial court shall order the district attorney
to disclose the addresses and telephone numbers of the victim and
any witnesses if the trial court finds that:
  ' (A) The defendant has requested the information; and
  ' (B)(i) The victim or witness is a business or institution and
disclosure of the information would not represent a risk of harm
to the victim or witness; or
  ' (ii) The need for the information cannot reasonably be met by
other means.
  '  { - (3)(a) - }  { +  (4)(a) + } Unless authorized by the
trial court to disclose the information, a lawyer representing a
defendant, or a representative of the lawyer, may not disclose to
the defendant the address or telephone number of a victim or
witness obtained under subsection (1) of this section.
  ' (b) The trial court shall order the lawyer, or representative
of the lawyer, to disclose to the defendant the address and
telephone number of a victim or witness if the court finds that:
  ' (A) The defendant's lawyer has requested the district
attorney to disclose the information to the defendant;
  ' (B) The district attorney has refused to disclose the
information to the defendant; and
  ' (C) The need for the information cannot reasonably be met by
other means.
  '  { +  (5) Notwithstanding subsections (1) and (2) of this
section, a party is not required to disclose material or
information if:
  ' (a) The material or information is subject to a privilege
under ORS 40.225 to 40.295; or
  ' (b) Disclosure of the material or information would violate a
constitutional right of the defendant. + }
  '  { - (4) - }  { +  (6) + } As used in this section:
  '  { +  (a) 'Affirmative step' includes, but is not limited to:
  ' (A) Issuing a subpoena or any action taken toward issuing a
subpoena;
  ' (B) Asking a person to be available as a potential witness or
any action taken toward asking a person to be available as a
witness;
  ' (C) Gathering materials that would assist the party in
examining a witness or offering evidence; or
  ' (D) After reviewing the case or within 15 days prior to trial
or motions, whichever is later, having a reasonable belief that
the witness will be subpoenaed or called or the evidence will be
offered.
  ' (b) 'Intends to offer, or is considering offering' and '
intends to call, or is considering calling' mean that the party
has taken an affirmative step in preparation of offering evidence
or calling a witness. + }
  '  { - (a) - }  { +  (c) + } 'Representative of the lawyer' has
the meaning given that term in ORS 40.225.
  '  { - (b) 'Represented defendant' means a defendant who is
represented by a lawyer in a criminal action. - } '.
  On page 2, delete lines 1 through 21.
  In line 30, delete '(e)' and insert '(d) and (2)'.
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