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 1981
 
                           A-Engrossed
 
                         Senate Bill 437
                  Ordered by the Senate March 9
            Including Senate Amendments dated March 9
 
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.
 
  Provides that there is no privilege under Oregon Evidence Code
for statement that reasonable person would understand to evidence
intent to perform act constituting crime. { +  Retains privilege
for statement that reasonable person would understand to evidence
intent to perform act constituting crime when statement is
confidential communication made to member of clergy. + }
 
                        A BILL FOR AN ACT
Relating to privileged communications.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 40.225 to 40.295. + }
  SECTION 2.  { + (1) Notwithstanding any provision of ORS 40.225
to 40.295, but subject to subsection (2) of this section, there
is no privilege for any statement that a reasonable person would
understand to evidence an intent to perform an act that
constitutes a crime under the law of this state, under federal
law or under the law of any other state.
  (2) The provisions of this section do not apply to any
statement that is privileged under ORS 40.260. + }
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