Chapter 304 Oregon Laws 1999

Session Law

AN ACT

SB 34

Relating to criminal discovery; creating new provisions; and amending ORS 135.815, 135.825, 135.835, 135.845, 135.855, 135.865 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 [the] a represented defendant the following material and information within the possession or control of the district attorney:

[(1)] (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.

[(2)] (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.

[(3)] (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.

[(4)] (d) Any books, papers, documents, photographs or tangible objects:

[(a)] (A) Which the district attorney intends to offer in evidence at the trial; or

[(b)] (B) Which were obtained from or belong to the defendant.

[(5)] (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.

[(6)] (f) 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.

(2)(a) If a defendant is not represented by a lawyer, the district attorney shall disclose to the defendant all of the information described in subsection (1) of this section except for the addresses and telephone numbers of the victim and any witnesses.

(b) Notwithstanding paragraph (a) of this subsection, the district attorney shall disclose the addresses and telephone numbers of the victim and any witnesses if the trial court orders the disclosure. A trial court shall order the district attorney to disclose the addresses and telephone numbers 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.

(3)(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 the address or telephone number of a victim or witness obtained under subsection (1) of this section.

(b) The trial court shall order the lawyer, or representative of the lawyer, to disclose to the defendant the address and telephone number 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.

(4) As used in this section:

(a) "Representative of the lawyer" has the meaning given that term in ORS 40.225.

(b) "Represented defendant" means a defendant who is represented by a lawyer in a criminal action.

SECTION 2. ORS 135.825 is amended to read:

135.825. Except as otherwise provided in ORS 135.855 and 135.873, the district attorney shall disclose to the [defendant] defense:

(1) The occurrence of a search or seizure; and

(2) Upon written request by the [defendant] defense, any relevant material or information obtained thereby, the circumstances of the search or seizure, and the circumstances of the acquisition of any specified statements from the defendant.

SECTION 3. ORS 135.835 is amended to read:

135.835. Except as otherwise provided in ORS 135.855 and 135.873, the [defendant] defense shall disclose to the district attorney the following material and information within the possession or control of the [defendant] defense:

(1) The names and addresses of persons, including the defendant, whom the [defendant] defense intends to call as witnesses at the trial, together with relevant written or recorded statements or memoranda of any oral statements of such persons other than the defendant.

(2) 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 defendant] that the defense intends to offer in evidence at the trial.

(3) Any books, papers, documents, photographs or tangible objects [which the defendant] that the defense intends to offer in evidence at the trial.

SECTION 4. ORS 135.845 is amended to read:

135.845. (1) The obligations to disclose shall be performed as soon as practicable following the filing of an indictment or information in the circuit court or the filing of a complaint or information charging a misdemeanor or violation of a city ordinance. The court may supervise the exercise of discovery to the extent necessary to insure that it proceeds properly and expeditiously.

(2) If, after complying with the provisions of ORS 135.805 to 135.873 and 135.970, a party finds, either before or during trial, additional material or information which is subject to or covered by these provisions, the party must promptly notify the other party of the additional material or information.

SECTION 5. ORS 135.855 is amended to read:

135.855. (1) The following material and information shall not be subject to discovery under ORS 135.805 to 135.873:

(a) Work product, legal research, records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of the attorneys, peace officers or their agents in connection with the investigation, prosecution or defense of a criminal action.

(b) The identity of a confidential informant where the identity of the informant is a prosecution secret and a failure to disclose will not infringe the constitutional rights of the defendant. Except as provided in ORS 135.873, disclosure shall not be denied hereunder of the identity of witnesses to be produced at trial.

(c) Transcripts, recordings or memoranda of testimony of witnesses before the grand jury, except transcripts or recordings of statements made by the defendant.

(2) When some parts of certain material are discoverable under ORS 135.805 to 135.873 or 135.970, and other parts not discoverable, as much of the material shall be disclosed as is consistent with the provisions thereof.

SECTION 6. ORS 135.865 is amended to read:

135.865. Upon being apprised of any breach of the duty imposed by the provisions of ORS 135.805 to 135.873 and 135.970, the court may order the violating party to permit inspection of the material, or grant a continuance, or refuse to permit the witness to testify, or refuse to receive in evidence the material not disclosed, or enter such other order as it considers appropriate.

SECTION 7. 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, 133.683, 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) to (5)] (1)(a) to (e); and

(6) ORS 135.825, 135.835, 135.845 and 135.855 to 135.873.

SECTION 8. ORS 419C.270, as amended by section 31, chapter 313, Oregon Laws 1997, 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) to (5)] (1)(a) to (e);

(6) ORS 135.825, 135.835, 135.845 and 135.855 to 135.873;

(7) ORS 135.970; and

(8) ORS 136.432, 147.417, 147.419 and 147.421.

SECTION 9. Nothing in the amendments to ORS 419C.270 by section 7 or 8 of this 1999 Act affects the operative date provisions of section 37a, chapter 313, Oregon Laws 1997.

Approved by the Governor June 22, 1999

Filed in the office of Secretary of State June 22, 1999

Effective date October 23, 1999

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