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 1544
 
                           B-Engrossed
 
                         Senate Bill 313
                   Ordered by the House June 4
 Including Senate Amendments dated March 17 and House Amendments
                          dated June 4
 
Sponsored by Senator PROZANSKI; Senator MORRISETTE (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.
 
  Creates evidentiary privilege for confidential communication
made by minor to parent.
 
                        A BILL FOR AN ACT
Relating to evidence.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS 40.225 to 40.275. + }
  SECTION 2.  { + (1) A parent may not be examined in a criminal
action in which a child of the parent is a defendant, or in any
proceeding under ORS chapter 419C in which it is alleged that a
child of the parent is within the jurisdiction of the court, as
to any communication made in confidence by the child to the
parent when the child is under 18 years of age. For the purposes
of this section, a communication is confidential when the
communication is made out of the presence of all persons other
than one or more other children who are under 18 years of age who
are living in the same household.
  (2) The privilege created by this section may be claimed by:
  (a) The child;
  (b) The parent to whom the communication is made;
  (c) A guardian or conservator for the child or a guardian or
conservator for the parent to whom the communication is made; or
  (d) The personal representative of a deceased child or the
personal representative of the deceased parent to whom the
communication is made.
  (3) The privilege created by this section may be waived by:
  (a) Express consent to disclosure by the child or the parent to
whom the communication is made; or
  (b) Failure of the child, or of the parent to whom the
communication is made, to object to disclosure.
  (4) The privilege created by this section does not apply to:
  (a) Any proceeding in which the child is charged with
committing a crime, or is alleged to have engaged in an act of
delinquency, against the person or property of the parent to whom
the communication is made or of another child of either parent;
  (b) Any criminal action charging a person with a homicide, or
any proceeding under ORS chapter 419C in which it is alleged that
a child engaged in conduct that would constitute a homicide if
committed by an adult; or
  (c) Any criminal action charging a person with a felony in
which the alleged victim was younger than seven years of age at
the time the alleged felony occurred, or any proceeding under ORS
chapter 419C in which it is alleged that a child engaged in
conduct that would constitute a felony if committed by an adult
and in which the alleged victim was younger than seven years of
age at the time the alleged conduct occurred.
  (5) As used in this section, 'parent' has the meaning given
that term in ORS 416.400. + }
  SECTION 3.  { + Section 2 of this 2009 Act applies to all
confidential communications from a child to a parent, whether
made before, on or after the effective date of this 2009 Act. + }
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