72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1285
 
                         House Bill 2493
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  Medical Association, Oregon Association of Hospitals and Health
  Systems)
 
 
                             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 as
introduced.
 
  Provides that expert witness may testify about scientific,
technical or other specialized knowledge if testimony is based on
sufficient facts or data, if testimony is product of reliable
principles and methods and if witness has applied principles and
methods reliably to facts or data on which testimony is based.
 
                        A BILL FOR AN ACT
Relating to evidence; creating new provisions; and amending ORS
  40.410.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 40.410 is amended to read:
  40.410. If scientific, technical or other specialized knowledge
will assist the trier of fact to understand the evidence or to
determine a fact in issue, a witness qualified as an expert by
knowledge, skill, experience, training or education may testify
thereto in the form of an opinion or otherwise { +  if:
  (1) The testimony is based on sufficient facts or data;
  (2) The testimony is the product of reliable principles and
methods; and
  (3) The witness has applied the principles and methods reliably
to the facts or data on which the testimony is based + }.
  SECTION 2.  { + The amendments to ORS 40.410 by section 1 of
this 2003 Act apply only to trials and other proceedings
commenced on or after the effective date of this 2003 Act. + }
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