Chapter 100 Oregon Laws 1999

Session Law

AN ACT

SB 49

Relating to impeachment of witnesses; creating new provisions; and amending ORS 40.360.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 40.360 is amended to read:

40.360. (1) The credibility of a witness may be attacked by evidence that the witness engaged in conduct or made statements showing bias or interest. [However, before this can be done, the statements must be related to the witness and the conduct described, with the circumstances of times, places and persons present, and the witness shall be asked whether the witness made the statements or engaged in such conduct, and, if so, allowed to explain. If the statements are in writing, they shall be shown to the witness.] In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the statement shall be shown or disclosed to the opposing party.

(2) If a witness fully admits the facts claimed to show the bias or interest of the witness, additional evidence of that bias or interest shall not be admitted. If the witness denies or does not fully admit the facts claimed to show bias or interest, the party attacking the credibility of the witness may then offer evidence to prove those facts.

(3) Evidence to support or rehabilitate a witness whose credibility has been attacked by evidence of bias or interest shall be limited to evidence showing a lack of bias or interest.

SECTION 2. The amendments to ORS 40.360 by section 1 of this 1999 Act apply only to trials commenced on or after the effective date of this 1999 Act.

Approved by the Governor April 23, 1999

Filed in the office of Secretary of State April 23, 1999

Effective date October 23, 1999

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