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
B-Engrossed
Senate Bill 308
Ordered by the House June 19
Including Senate Amendments dated April 23 and House Amendments
dated June 19
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.
{ + Specifies prosecution of certain crimes may be commenced
within eight years of commission of crime. Applies to offenses
committed before, on or after effective date of Act. + }
A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
131.125, 135.815 and 411.990.
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 - } { + personal
information + } of the victim and any witnesses.
(b) Notwithstanding paragraph (a) of this subsection, the
district attorney shall disclose the { - addresses and
telephone numbers - } { + personal 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 - }
{ + personal 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 - } { + personal
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 - } { + personal 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 information' means the information
specified in ORS 165.800 (4)(b) but does not include the name or
photograph of a victim or witness. + }
{ - (a) - } { + (b) + } 'Representative of the lawyer' has
the meaning given that term in ORS 40.225.
{ - (b) - } { + (c) + } 'Represented defendant' means a
defendant who is represented by a lawyer in a criminal action.
SECTION 2. ORS 131.125 is amended to read:
131.125. (1) A prosecution for aggravated murder, murder,
attempted murder or aggravated murder, conspiracy or solicitation
to commit aggravated murder or murder or any degree of
manslaughter may be commenced at any time after the commission of
the attempt, conspiracy or solicitation to commit aggravated
murder or murder, or the death of the person killed.
(2) A prosecution for any of the following felonies may be
commenced within six years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 24 years of age or within six
years after the offense is reported to a law enforcement agency
or other governmental agency, whichever occurs first:
(a) Criminal mistreatment in the first degree under ORS
163.205.
(b) Rape in the third degree under ORS 163.355.
(c) Rape in the second degree under ORS 163.365.
(d) Rape in the first degree under ORS 163.375.
(e) Sodomy in the third degree under ORS 163.385.
(f) Sodomy in the second degree under ORS 163.395.
(g) Sodomy in the first degree under ORS 163.405.
(h) Unlawful sexual penetration in the second degree under ORS
163.408.
(i) Unlawful sexual penetration in the first degree under ORS
163.411.
(j) Sexual abuse in the second degree under ORS 163.425.
(k) Sexual abuse in the first degree under ORS 163.427.
(L) Using a child in a display of sexual conduct under ORS
163.670.
(m) Encouraging child sexual abuse in the first degree under
ORS 163.684.
(n) Incest under ORS 163.525.
(o) Promoting prostitution under ORS 167.012.
(p) Compelling prostitution under ORS 167.017.
(3) A prosecution for any of the following misdemeanors may be
commenced within four years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 22 years of age or within four
years after the offense is reported to a law enforcement agency
or other governmental agency, whichever occurs first:
(a) Sexual abuse in the third degree under ORS 163.415.
(b) Furnishing obscene materials to minors under ORS 167.065.
(c) Sending obscene materials to minors under ORS 167.070.
(d) Exhibiting an obscene performance to a minor under ORS
167.075.
(e) Displaying obscene materials to minors under ORS 167.080.
(4) In the case of crimes described in subsection (2)(L) of
this section, the 'victim' is the child engaged in sexual
conduct. In the case of the crime described in subsection (2)(n)
of this section, the 'victim' is the party to the incest other
than the party being prosecuted. In the case of crimes described
in subsection (2)(o) and (p) of this section, the 'victim' is the
child whose acts of prostitution are promoted or compelled.
(5) A prosecution for arson in any degree may be commenced
within six years after the commission of the crime.
{ + (6) A prosecution for any of the following crimes may be
commenced within eight years after the commission of the crime:
(a) Unlawful tree spiking under ORS 164.877.
(b) Interference with agricultural research under ORS 164.889.
(c) Felony research and animal interference under ORS 167.312.
(d) Felony interference with livestock production under ORS
167.388. + }
{ - (6) - } { + (7) + } Except as provided in subsection
{ - (7) - } { + (8) + } of this section or as otherwise
expressly provided by law, prosecutions for other offenses must
be commenced within the following periods of limitations after
their commission:
(a) For any other felony, three years.
(b) For any misdemeanor, two years.
(c) For a violation, six months.
{ - (7) - } { + (8) + } If the period prescribed in
subsection { - (6) - } { + (7) + } of this section has
expired, a prosecution nevertheless may be commenced as follows:
(a) If the offense has as a material element either fraud or
the breach of a fiduciary obligation, prosecution may be
commenced within one year after discovery of the offense by an
aggrieved party or by a person who has a legal duty to represent
an aggrieved party and who is not a party to the offense, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years;
(b) If the offense is based upon misconduct in office by a
public officer or employee, prosecution may be commenced at any
time while the defendant is in public office or employment or
within two years thereafter, but in no case shall the period of
limitation otherwise applicable be extended by more than three
years; or
(c) If the offense is an invasion of personal privacy under ORS
163.700, prosecution may be commenced within one year after
discovery of the offense by the person aggrieved by the offense,
by a person who has a legal duty to represent the person
aggrieved by the offense or by a law enforcement agency, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years.
{ - (8) - } { + (9) + } Notwithstanding subsection (2) of
this section, a prosecution for rape in the first or second
degree or sodomy in the first or second degree may be commenced
within 12 years after the commission of the crime if the
defendant is identified after the period described in subsection
(2) of this section on the basis of DNA (deoxyribonucleic acid)
sample comparisons.
SECTION 3. ORS 411.990 is amended to read:
411.990. (1) Violation of ORS 411.320 or 411.335 is punishable,
upon conviction, by a fine of not more than $1,000 or by
imprisonment in the county jail for not more than 60 days, or by
both.
(2) Violation of any provision of ORS 411.630 or 411.840 is a
Class C felony which may be reduced to a Class A misdemeanor in
accordance with ORS 161.705.
(3) Violation of ORS 411.675 is a Class C felony.
(4) Criminal prosecution of violators of ORS 411.675 shall be
commenced in accordance with ORS 131.125 { - (6) and (7) - }
{ + (7) and (8) + }.
SECTION 4. { + The amendments to ORS 131.125 by section 2 of
this 2003 Act apply to offenses committed before, on or after the
effective date of this 2003 Act but do not revive a criminal
prosecution barred by the operation of ORS 131.125 before the
effective date of this 2003 Act. + }
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