71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 437
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
District Attorneys Association)
CHAPTER ................
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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Enrolled Senate Bill 437 (SB 437-B) Page 1
Passed by Senate March 13, 2001
Repassed by Senate June 15, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 13, 2001
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Speaker of House
Enrolled Senate Bill 437 (SB 437-B) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 437 (SB 437-B) Page 3