Bill Text: OR SB450 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to evidence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB450 Detail]

Download: Oregon-2011-SB450-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2655

                         Senate Bill 450

Sponsored by Senator PROZANSKI (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 as
introduced.

  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 2011 Act is added to and made
a part of ORS 40.225 to 40.275. + }
  SECTION 2. { +  (1) A parent or the parent's child who is under
18 years of age may not be examined as to any communication made
in confidence by the child to the child's parent. For the
purposes of this section, a communication is confidential when
the communication is made out of the presence of all persons
other than the child's siblings or grandparents 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) A civil action by one parent against the other parent;
  (b) A civil action by the parent to whom the communication is
made against the child, or by the child against the parent to
whom the communication is made;
  (c) A proceeding to commit either the child or the parent to
whom the communication is made;
  (d) A protective proceeding under ORS chapter 125;
  (e) A criminal action in which the parent to whom the
communication is made is charged with a crime committed against
the person or property of the child, the other parent or another
child of either parent;

  (f) A criminal action in which the child is charged with a
crime or act of delinquency committed against the person or
property of the parent to whom the communication is made or of
another child of either parent;
  (g) A juvenile dependency proceeding under ORS chapter 419B,
including an action for termination of parental rights; or
  (h) Any civil or criminal action alleging child abuse, child
neglect, abandonment or nonsupport by a parent. + }
  SECTION 3.  { + Section 2 of this 2011 Act applies to all
confidential communications from a child to a parent, whether
made before, on or after the effective date of this 2011 Act. + }
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