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 1694
Senate Bill 250
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 Criminal Defense Lawyers 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.
Requires Department of State Police to provide defendant's
computerized criminal history to district attorney. Requires
district attorney to disclose criminal history to defendant in
discovery.
A BILL FOR AN ACT
Relating to computerized criminal history; creating new
provisions; and amending ORS 135.815, 181.555 and 419C.270.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 135.815 is amended to read:
135.815. (1) Except as otherwise provided in ORS 135.855 and
135.873, the district attorney shall disclose to a represented
defendant the following material and information within the
possession or control of the district attorney:
(a) The names and addresses of persons whom the district
attorney intends to call as witnesses at any stage of the trial,
together with their relevant written or recorded statements or
memoranda of any oral statements of such persons.
(b) Any written or recorded statements or memoranda of any oral
statements made by the defendant, or made by a codefendant if the
trial is to be a joint one.
(c) Any reports or statements of experts, made in connection
with the particular case, including results of physical or mental
examinations and of scientific tests, experiments or comparisons
which the district attorney intends to offer in evidence at the
trial.
(d) Any books, papers, documents, photographs or tangible
objects:
(A) Which the district attorney intends to offer in evidence at
the trial; or
(B) Which were obtained from or belong to the defendant.
(e) If actually known to the district attorney, any record of
prior criminal convictions of persons whom the district attorney
intends to call as witnesses at the trial; and the district
attorney shall make a good faith effort to determine if such
convictions have occurred.
{ - (f) - } { + (2) The Department of State Police shall
provide the district attorney with computerized criminal offender
information that describes + } all prior convictions of the
defendant known to the state that would affect the determination
of the defendant's criminal history for sentencing under rules of
the Oregon Criminal Justice Commission. { + The district
attorney shall disclose the computerized criminal offender
information to a represented defendant. + }
{ - (2) - } { + (3) + } Except as otherwise provided in ORS
135.855 and 135.873, in prosecutions for violation of ORS 813.010
in which an instrument was used to test a person's breath, blood
or urine to determine the alcoholic content of the person's blood
the district attorney shall disclose to a represented defendant
at least the following material and information within the
possession or control of the district attorney:
(a) Any report prepared by a police officer relating to field
tests, interviews, observations and other information relating to
the charged offense;
(b) Any report relating to the test results;
(c) A copy of the form provided to the defendant under ORS
813.100 (3)(b); and
(d) Any checklist prepared by the operator of the instrument
for the test.
{ - (3)(a) - } { + (4)(a) + } If a defendant is not
represented by a lawyer, the district attorney shall disclose to
the defendant all of the information described in subsections (1)
{ - and (2) - } { + to (3) + } of this section except for the
personal identifiers of the victim and any witnesses.
(b) Notwithstanding paragraph (a) of this subsection, the
district attorney shall disclose the personal identifiers of the
victim and any witnesses if the trial court orders the
disclosure. A trial court shall order the district attorney to
disclose the personal identifiers of the victim and any witnesses
if the trial court finds that:
(A) The defendant has requested the information; and
(B)(i) The victim or witness is a business or institution and
disclosure of the information would not represent a risk of harm
to the victim or witness; or
(ii) The need for the information cannot reasonably be met by
other means.
{ - (4)(a) - } { + (5)(a) + } Unless authorized by the
trial court to disclose the information, a lawyer representing a
defendant, or a representative of the lawyer, may not disclose to
the defendant personal identifiers of a victim or witness
obtained under subsections (1) { - and (2) - } { + to (3) + }
of this section.
(b) The trial court shall order the lawyer, or representative
of the lawyer, to disclose to the defendant the personal
identifiers of a victim or witness if the court finds that:
(A) The defendant's lawyer has requested the district attorney
to disclose the information to the defendant;
(B) The district attorney has refused to disclose the
information to the defendant; and
(C) The need for the information cannot reasonably be met by
other means.
{ - (5) - } { + (6) + } As used in this section:
(a) '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.
(b) 'Representative of the lawyer' has the meaning given that
term in ORS 40.225.
(c) 'Represented defendant' means a defendant who is
represented by a lawyer in a criminal action.
SECTION 2. ORS 181.555 is amended to read:
181.555. The Department of State Police shall adopt rules under
ORS chapter 183 establishing procedures:
(1) To provide access to criminal offender information by
criminal justice agencies and by other state and local agencies.
{ + Rules adopted under this subsection must include procedures
that comply with ORS 135.815. + }
(2)(a) To permit a person or agency not included in subsection
(1) of this section to inquire as to whether the department has
compiled criminal offender information on an individual.
(b) To provide that any person making an inquiry under
paragraph (a) of this subsection furnish the department with such
information known to the inquirer as will assist the department
in identifying and notifying the individual about whom the
information is sought. If the information is sought by an
employer for employment purposes, the employer first shall have
advised the employee or prospective employee that such
information might be sought and shall state upon making the
request that the individual has been so advised and the manner in
which the individual was so advised.
(3) To provide each individual about whom criminal offender
information has been compiled the right to inspect and challenge
that criminal offender information.
(4) Providing for purging or updating of inaccurate or
incomplete information.
SECTION 3. ORS 419C.270 is amended to read:
419C.270. In all proceedings brought under ORS 419C.005, the
following rules of criminal procedure apply:
(1) ORS 133.673, 133.693 and 133.703;
(2) ORS 135.455, 135.465 and 135.470;
(3) ORS 135.610, 135.630 (3) to (6), 135.640 and 135.670;
(4) ORS 135.711, 135.713, 135.715, 135.717, 135.720, 135.725,
135.727, 135.730, 135.733, 135.735, 135.737, 135.740 and 135.743;
(5) ORS 135.805 and 135.815 (1)(a) to (e) and { - (2) - }
{ + (3) + };
(6) ORS 135.825, 135.835, 135.845 and 135.855 to 135.873; and
(7) ORS 136.432.
SECTION 4. { + The amendments to ORS 135.815, 181.555 and
419C.270 by sections 1 to 3 of this 2009 Act apply to
prosecutions commenced on or after the effective date of this
2009 Act. + }
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