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 1315
 
                         Senate Bill 344
 
Sponsored by Senator PROZANSKI (at the request of Charlie
  Zennache) (Presession filed.)
 
 
                             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.
 
  Creates evidentiary privilege for confidential communication
made by minor to parent.
 
                        A BILL FOR AN ACT
Relating to evidence.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS 40.225 to 40.275. + }
  SECTION 2. { +  (1) A parent or the parent's child who is under
18 years of age may not be examined as to any communication made
in confidence by the child to the child's parent. For the
purposes of this section, a communication is confidential when
the communication is made out of the presence of all persons
other than the child's siblings or grandparents who are living in
the same household.
  (2) The privilege created by this section may be claimed by:
  (a) The child or the parent;
  (b) A guardian or conservator for the child or parent; or
  (c) The personal representative of a deceased child or parent.
  (3) The privilege created by this section may be waived by:
  (a) Express consent to disclosure by the child or parent; or
  (b) Failure of the child or parent to object to disclosure.
  (4) The privilege created by this section does not apply to:
  (a) A civil action by one spouse against the other spouse;
  (b) A civil action by a parent against a child, or by a child
against a parent;
  (c) A proceeding to commit either the child or parent;
  (d) A protective proceeding under ORS chapter 125;
  (e) A criminal action in which the parent is charged with a
crime committed against the person or property of the child, the
parent's spouse or another child of either the parent or the
parent's spouse;
  (f) A criminal action in which a child is charged with a crime
or act of delinquency committed against the person or property of
a parent or of another child of a parent;
  (g) An action for termination of parental rights; or
  (h) Any civil or criminal action alleging child abuse, child
neglect, abandonment or nonsupport by a parent. + }
 
 
  SECTION 3.  { + Section 2 of this 2007 Act applies to all
confidential communications from a child to a parent, whether
made before, on or after the effective date of this 2007 Act. + }
                         ----------