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 1678
 
                         House Bill 2441
 
Sponsored by Representative GELSER; Representatives BARKER,
  CAMERON, GARRETT, KAHL, OLSON, STIEGLER
 
 
                             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 confession is inadmissible against defendant
unless there is some other proof crime has been committed.
  Creates exception for sex crimes against vulnerable victims
when confession is trustworthy and victim is incompetent to
testify.
 
                        A BILL FOR AN ACT
Relating to confessions; creating new provisions; and amending
  ORS 136.425.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 136.425 is amended to read:
  136.425. (1) A confession or admission of a defendant, whether
in the course of judicial proceedings or otherwise, cannot be
given in evidence against the defendant when it was made under
the influence of fear produced by threats  { - ; nor is a
confession only sufficient to warrant the conviction of the
defendant without some other proof that the crime has been
committed - } .
   { +  (2) Except as provided in section 2 of this 2009 Act, a
confession is inadmissible against a defendant unless there is
some other proof that the crime has been committed. + }
    { - (2) - }  { +  (3) + } Evidence of a defendant's conduct
in relation to a declaration or act of another, in the presence
and within the observation of the defendant, cannot be given when
the defendant's conduct occurred while the defendant was in the
custody of a peace officer unless the defendant's conduct
affirmatively indicated the belief of the defendant in the truth
of the matter stated or implied in the declaration or act of the
other person.
  SECTION 2.  { + (1) A confession is admissible against a
defendant without some other proof that the crime has been
committed if:
  (a) The defendant is charged with a crime listed in ORS
181.594;
  (b) The victim of the crime is a vulnerable person;
  (c) The victim is incompetent to testify under ORS 40.310; and
  (d) The court finds that there is sufficient corroborating
evidence that would tend to establish the trustworthiness of the
confession.
 
  (2) In making the determination described in subsection (1)(d)
of this section, the court shall consider:
  (a) Whether there is evidence demonstrating the truthfulness of
portions of the confession;
  (b) Whether the defendant had the opportunity to commit the
crime;
  (c) The method of interrogation used to solicit the confession;
and
  (d) Whether the defendant is a vulnerable person.
  (3) A motion to exclude a confession under this section must be
filed at least seven days before the first date set for trial,
unless the court finds good cause to allow the motion at a later
time.
  (4) As used in this section:
  (a) 'Activities of daily living' includes dressing, eating,
toileting, bathing, exercising appropriate personal hygiene
practices and moving from place to place.
  (b) 'Vulnerable person' means:
  (A) A person under 18 years of age;
  (B) A person 65 years of age or older;
  (C) A person who meets the medical criteria for the receipt of
services from a community program or facility as those terms are
defined in ORS 430.735;
  (D) A person with a developmental disability as that term is
defined in ORS 40.460 (18)(d); or
  (E) A person who, as the result of a diagnosed medical
condition, requires assistance in two or more activities of daily
living. + }
  SECTION 3.  { + Section 2 of this 2009 Act and the amendments
to ORS 136.425 by section 1 of this 2009 Act apply to persons
charged with a crime that is alleged to have been committed on or
after the effective date of this 2009 Act. + }
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