75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 248
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 for Oregon District Attorneys' Association)
CHAPTER ................
AN ACT
Relating to juvenile proceedings; creating new provisions; and
amending ORS 419C.276.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419C.276 is amended to read:
419C.276. (1) { + (a) + } { - If a victim or witness
requests, the court shall order that the address and telephone
number of the victim or witness not be given to the youth or
youth offender unless good cause is shown to the court. - }
{ + Unless authorized by the court to disclose the information,
the attorney of a youth or youth offender, or an agent of the
attorney, may not disclose to the youth or youth offender
personal identifiers of a victim or witness.
(b) The court shall order the attorney, or agent of the
attorney, to disclose to the youth or youth offender the personal
identifiers of a victim or witness if the court finds that:
(A) The attorney of the youth or youth offender has requested
the district attorney or the juvenile department to disclose the
information to the youth or youth offender;
(B) The district attorney or the juvenile department has
refused to disclose the information to the youth or youth
offender; and
(C) The need for the information cannot reasonably be met by
other means. + }
(2) If contacted by the attorney of the youth or youth
offender, an agent of the youth or youth offender, or an agent of
the attorney of the youth or youth offender, a victim must be
clearly informed by the attorney or agent, either in person or in
writing:
(a) Of the identity and capacity of the person contacting the
victim;
(b) That the victim does not have to talk to the attorney or
agent, or provide other discovery unless the victim wishes; and
(c) That the victim may have a representative of the state
present during any interview.
(3) Unless the victim consents after receiving a full advice of
rights as provided in subsection (2) of this section, a victim
may not be required to be interviewed or deposed by or give
discovery to the youth or youth offender or the attorney for the
Enrolled Senate Bill 248 (SB 248-A) Page 1
youth or youth offender, or an agent of the attorney or youth or
youth offender. This subsection does not prohibit the youth or
youth offender from:
(a) Subpoenaing or examining the victim in a proceeding when
the purpose is other than for discovery; or
(b) Subpoenaing books, papers or documents as provided in ORS
136.580.
(4) Any preadjudication release order must prohibit any contact
with the victim, either directly or indirectly, unless
specifically authorized by the court. This subsection does not
limit contact by the attorney for the youth or youth offender, or
an agent of the attorney, other than the youth or youth offender,
in the manner set forth in subsection (2) of this section.
(5)(a) If a victim notifies the district attorney or juvenile
department that the youth or youth offender, by direct or
indirect contact, threatened or intimidated the victim, the
district attorney or juvenile department shall notify the court
and the attorney for the youth or youth offender. If the youth or
youth offender is not in custody and the court finds there is
probable cause to believe the victim has been threatened or
intimidated by the youth or youth offender, by direct or indirect
contact, the court shall immediately issue an order to show cause
why the release status should not be revoked.
(b) After conducting a hearing as the court deems appropriate,
if the court finds that the victim has been threatened or
intimidated by the youth or youth offender, by direct or indirect
contact, the release status shall be revoked and the youth or
youth offender shall be held in detention until conditions of
release sufficient to ensure the safety of the victim and the
community can be implemented.
(c) In any hearing convened under this subsection, the victim
has the right to be notified in advance of the hearing, to appear
personally at the hearing and, if present, to express any views
relevant to the issues before the court.
(6) { + (a) + } For purposes of subsections (4) and (5) of this
section, 'contact' has the meaning given that term in ORS
163.730.
{ + (b) For the purposes of subsection (1) of this section, '
personal identifiers' means a person's address, telephone number,
Social Security number and date of birth and the identifying
number of a person's depository account at a financial
institution, as defined in ORS 706.008, or credit card
account. + }
SECTION 2. { + The amendments to ORS 419C.276 by section 1 of
this 2009 Act apply to juvenile proceedings commenced on or after
the effective date of this 2009 Act. + }
----------
Enrolled Senate Bill 248 (SB 248-A) Page 2
Passed by Senate March 4, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 11, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 248 (SB 248-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 248 (SB 248-A) Page 4