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 1952
 
                         Senate Bill 762
 
Sponsored by Senator BONAMICI; Senator DINGFELDER, Representative
  SHIELDS
 
 
                             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.
 
  Precludes admission of evidence in prosecution for possession
of controlled substance or certain alcohol-related offenses if
evidence is obtained as result of person seeking medical
assistance for drug or alcohol overdose.
  Directs Oregon Criminal Justice Commission to classify seeking
medical assistance for drug or alcohol overdose as mitigating
factor in sentencing if person is convicted of delivery or
manufacture of controlled substance and evidence is obtained as
result of seeking medical assistance.
 
                        A BILL FOR AN ACT
Relating to evidence obtained as a result of seeking medical
  assistance.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Evidence is inadmissible in a prosecution
for an offense described in ORS 471.410, 471.430, 475.840 (3),
475.854, 475.864, 475.874, 475.884 or 475.894 if:
  (a)(A) The evidence is obtained as a result of the defendant
seeking medical assistance for another person; and
  (B) The defendant reasonably believed that the person for whom
medical assistance was sought was experiencing an alcohol or
controlled substance overdose; or
  (b)(A) The evidence is obtained as a result of any person
seeking medical assistance for the defendant; and
  (B) It was reasonable for the person seeking medical assistance
to believe that the defendant was experiencing an alcohol or
controlled substance overdose.
  (2) A defendant who objects to the use of evidence in violation
of subsection (1) of this section shall file a motion to
suppress, which shall be heard and determined by any department
of the trial court in advance of trial. The state shall have the
burden of proving by a preponderance of the evidence that the
admission of the challenged evidence does not violate subsection
(1) of this section.
  (3) The Oregon Criminal Justice Commission shall classify
seeking medical assistance as a mitigating factor that a court
may consider as a substantial and compelling reason to impose a
downward departure from a presumptive sentence if:
  (a) The sentence is being imposed for the manufacture or
delivery of a controlled substance; and
  (b) The evidence that led to the conviction was obtained under
the circumstances described in subsection (1)(a) or (b) of this
section. + }
  SECTION 2.  { + Section 1 of this 2009 Act applies to evidence
obtained on or after the effective date of this 2009 Act. + }
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