71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 437
 
LC 1981/SB 437-A12
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 437
 
                    By COMMITTEE ON JUDICIARY
 
                             June 8
 
  Delete lines 5 through 10 of the printed A-engrossed bill and
insert:
  '  { +  SECTION 2. + }  { + (1) In addition to any other
limitations on privilege that may be imposed by law, there is no
privilege under ORS 40.225, 40.230 or 40.250 for communications
if:
  ' (a) In the professional judgment of the person receiving the
communications, the communications reveal that the declarant has
a clear and serious intent at the time the communications are
made to subsequently commit a crime involving physical injury, a
threat to the physical safety of any person, sexual abuse or
death;
  ' (b) In the professional judgment of the person receiving the
communications, the declarant poses a danger of committing the
crime; and
  ' (c) The person receiving the communications makes a report to
another person based on the communications.
  ' (2) The provisions of this section do not create a duty to
report any communication to any person.
  ' (3) A person who discloses a communication described in
subsection (1) of this section, or fails to disclose a
communication described in subsection (1) of this section, is not
liable to any other person in a civil action for any damage or
injury arising out of the disclosure or failure to disclose. + }
  '  { +  SECTION 3. + }  { + (1) Except as provided in
subsection (2) of this section, section 2 of this 2001 Act
applies to all communications, whether made before, on or after
the effective date of this 2001 Act.
  ' (2) The limitations on privilege created by section 2 of this
2001 Act apply only to trials or proceedings commenced on or
after the effective date of this 2001 Act. + } ' .
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