74th OREGON LEGISLATIVE ASSEMBLY--2007 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 271-3
 
                         Senate Bill 252
 
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 Senate Interim Committee on
  Judiciary)
 
 
                             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.
 
  Prohibits confidential settlements and compromises in civil
actions in which damages are claimed by reason of injury to
person or property.
 
                        A BILL FOR AN ACT
Relating to confidentiality in civil actions.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A party to a civil action that claims
damages by reason of injury to person or property may not enter
into any settlement or compromise of the action if the settlement
or compromise requires that the terms or conditions of the
settlement or compromise be confidential.
  (2) Notwithstanding subsection (1) of this section:
  (a) A party to a civil action that claims damages by reason of
injury to person or property may enter into a settlement or
compromise that requires the terms or conditions to be
confidential if federal law requires terms or conditions of that
settlement or compromise to be confidential. Only terms and
conditions that are required to be confidential under federal law
may be confidential in the settlement or compromise.
  (b) A court may order that the terms or conditions of a
settlement or compromise that reveal the identity of a person be
confidential if:
  (A) The person whose identity is revealed is a victim of sexual
abuse or is under 18 years of age; and
  (B) The court determines, by written findings, that the
specific privacy interests of the person outweigh the public's
interest in the terms or conditions.
  (3) The plaintiff in an action subject to this section shall
file with the court a full and complete disclosure of the terms
and conditions of any settlement or compromise of the claims made
by the plaintiff in the action. The disclosure must be filed
before the dismissal of the action.
  (4) A party who fails to comply with the requirements of this
section is subject to sanction under ORCP 17.
  (5) For the purposes of this section, 'action' means a legal
proceeding that has been commenced as described in ORCP 3. + }
  SECTION 2.  { + Section 1 of this 2007 Act applies only to
civil actions commenced as described in ORCP 3 on or after the
effective date of this 2007 Act. + }
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