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 1534
 
                           A-Engrossed
 
                         Senate Bill 308
                 Ordered by the Senate April 23
           Including Senate Amendments dated April 23
 
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.
 
  Prohibits disclosure of personal financial information of
victims and witnesses to defendants in criminal cases.
    { - Includes verbal representation as way to commit identity
theft. - }
 
                        A BILL FOR AN ACT
Relating to crime; amending ORS 135.815.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 135.815 is amended to read:
  135.815. (1) Except as otherwise provided in ORS 135.855 and
135.873, the district attorney shall disclose to a represented
defendant the following material and information within the
possession or control of the district attorney:
  (a) The names and addresses of persons whom the district
attorney intends to call as witnesses at any stage of the trial,
together with their relevant written or recorded statements or
memoranda of any oral statements of such persons.
  (b) Any written or recorded statements or memoranda of any oral
statements made by the defendant, or made by a codefendant if the
trial is to be a joint one.
  (c) Any reports or statements of experts, made in connection
with the particular case, including results of physical or mental
examinations and of scientific tests, experiments or comparisons
which the district attorney intends to offer in evidence at the
trial.
  (d) Any books, papers, documents, photographs or tangible
objects:
  (A) Which the district attorney intends to offer in evidence at
the trial; or
  (B) Which were obtained from or belong to the defendant.
  (e) If actually known to the district attorney, any record of
prior criminal convictions of persons whom the district attorney
intends to call as witnesses at the trial; and the district
attorney shall make a good faith effort to determine if such
convictions have occurred.
  (f) All prior convictions of the defendant known to the state
that would affect the determination of the defendant's criminal
history for sentencing under rules of the Oregon Criminal Justice
Commission.
  (2)(a) If a defendant is not represented by a lawyer, the
district attorney shall disclose to the defendant all of the
information described in subsection (1) of this section except
for the addresses { + ,  + }  { - and - }  telephone numbers { +
and personal financial information + } of the victim and any
witnesses.
  (b) Notwithstanding paragraph (a) of this subsection, the
district attorney shall disclose the addresses { + , + }
 { - and - }  telephone numbers { +  and personal financial
information  + }of the victim and any witnesses if the trial
court orders the disclosure. A trial court shall order the
district attorney to disclose the addresses { + , + }
 { - and - } telephone numbers { +  and personal financial
information + } of the victim and any witnesses if the trial
court finds that:
  (A) The defendant has requested the information; and
  (B)(i) The victim or witness is a business or institution and
disclosure of the information would not represent a risk of harm
to the victim or witness; or
  (ii) The need for the information cannot reasonably be met by
other means.
  (3)(a) Unless authorized by the trial court to disclose the
information, a lawyer representing a defendant, or a
representative of the lawyer, may not disclose to the defendant
the address { + , + }   { - or - }  telephone number { +  or
personal financial information  + }of a victim or witness
obtained under subsection (1) of this section.
  (b) The trial court shall order the lawyer, or representative
of the lawyer, to disclose to the defendant the address { + , + }
 { - and - } telephone number { +  or personal financial
information + } of a victim or witness if the court finds that:
  (A) The defendant's lawyer has requested the district attorney
to disclose the information to the defendant;
  (B) The district attorney has refused to disclose the
information to the defendant; and
  (C) The need for the information cannot reasonably be met by
other means.
  (4) As used in this section:
   { +  (a) 'Personal financial information' includes, but is not
limited to, the information specified in ORS 165.800 (4)(b),
except that 'personal financial information' does not include the
name or a photograph of a victim or a witness; + }
    { - (a) - }  { +  (b) + } 'Representative of the lawyer' has
the meaning given that term in ORS 40.225  { - . - }  { + ;
and + }
    { - (b) - }   { + (c) + } 'Represented defendant' means a
defendant who is represented by a lawyer in a criminal action.
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