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 1323
 
                           A-Engrossed
 
                         Senate Bill 347
                   Ordered by the Senate May 8
             Including Senate Amendments dated May 8
 
Sponsored by Senator PROZANSKI (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.
 
  Provides that certain information relating to test instruments
is not discoverable or admissible in criminal or administrative
proceeding brought against person whose breath, blood or urine
was tested with instrument to determine alcoholic content of
person's blood or to determine presence of controlled substance
or inhalant.
   { +  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to test instruments; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + If an instrument is used to test a person's
breath, blood or urine for the purpose of determining the
alcoholic content of the person's blood, or for the purpose of
determining the presence of a controlled substance or inhalant,
the following information is not discoverable or admissible in
any criminal or administrative proceeding brought against the
person:
  (1) The source code or other software for the test instrument;
  (2) Schematics, trade secrets or other proprietary information
regarding the test instrument; and
  (3) Any other documents or information relating to the test
instrument not in the possession of the law enforcement agency
administering the test. + }
  SECTION 2.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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