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
 
                           B-Engrossed
 
                         Senate Bill 437
                   Ordered by the House June 8
 Including Senate Amendments dated March 9 and House Amendments
                          dated June 8
 
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. - }
   { +  Eliminates, under specified circumstances, privilege
barring disclosure of lawyer-client, psychotherapist-patient or
clinical social worker-client communications. Provides that Act
does not create duty to disclose or liability for disclosure. + }
 
                        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) 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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