75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1756
 
                         House Bill 2338
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for 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 as
introduced.
 
  Provides that spouse may not claim husband-wife privilege for
confidential communication in criminal action in which spouse is
charged with offense against minor child to which spouse has
legal duty.
 
                        A BILL FOR AN ACT
Relating to privilege for confidential communications between
  spouses; creating new provisions; and amending ORS 40.255.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 40.255 is amended to read:
  40.255. (1) As used in this section, unless the context
requires otherwise:
  (a) 'Confidential communication' means a communication by a
spouse to the other spouse and not intended to be disclosed to
any other person.
  (b) 'Marriage' means a marital relationship between husband and
wife, legally recognized under the laws of this state.
  (2) In any civil or criminal action, a spouse has a privilege
to refuse to disclose and to prevent the other spouse from
disclosing any confidential communication made by one spouse to
the other during the marriage. The privilege created by this
subsection may be claimed by either spouse. The authority of the
spouse to claim the privilege and the claiming of the privilege
is presumed in the absence of evidence to the contrary.
  (3) In any criminal proceeding, neither spouse, during the
marriage, shall be examined adversely against the other as to any
other matter occurring during the marriage unless the spouse
called as a witness consents to testify.
  (4) There is no privilege under this section:
  (a) In all criminal actions in which one spouse is charged with
bigamy or with an offense or attempted offense against the person
or property of the other spouse or of a child of either, or with
an offense against the person or property of a third person
committed in the course of committing or attempting to commit an
offense against the other spouse;
  (b) As to matters occurring prior to the marriage; or
  (c) In any civil action where the spouses are adverse parties.
   { +  (5) There is no privilege under this section in a
criminal action in which a spouse is charged with an offense
against a minor child to which the spouse has a legal duty as
defined in ORS 163.200. + }
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 40.255 by section 1 of this
2009 Act apply to all confidential communications between
spouses, whether occurring before, on or after the effective date
of this 2009 Act.
  (2) The amendments to ORS 40.255 by section 1 of this 2009 Act
do not apply to any action or proceeding filed before the
effective date of this 2009 Act, or to any administrative
proceeding commenced before the effective date of this 2009
Act. + }
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