72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 39
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Committee on
  Judiciary for the Oregon State Bar Government Law Section)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to waiver of privilege; amending ORS 40.280.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 40.280 is amended to read:
  40.280. A person upon whom ORS 40.225 to 40.295 confer a
privilege against disclosure of the confidential matter or
communication waives the privilege if the person or the person's
predecessor while holder of the privilege voluntarily discloses
or consents to disclosure of any significant part of the matter
or communication. This section does not apply if the disclosure
is itself a privileged communication. Voluntary disclosure does
not occur with the mere commencement of litigation or, in the
case of a deposition taken for the purpose of perpetuating
testimony, until the offering of the deposition as evidence.
 { + Voluntary disclosure does not occur when representatives of
the news media are allowed to attend executive sessions of the
governing body of a public body as provided in ORS 192.660 (3),
or when representatives of the news media disclose information
after the governing body has prohibited disclosure of the
information under ORS 192.660 (3). + } Voluntary disclosure does
occur, as to psychotherapists in the case of a mental or
emotional condition and physicians in the case of a physical
condition upon the holder's offering of any person as a witness
who testifies as to the condition.
                         ----------
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 39 (SB 39-INTRO)                      Page 1
 
 
 
 
 
Passed by Senate January 28, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 19, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 39 (SB 39-INTRO)                      Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 39 (SB 39-INTRO)                      Page 3