Bill Text: OR SB492 | 2013 | Regular Session | Enrolled
Bill Title: Relating to disclosure in criminal prosecutions.
Spectrum: Committee Bill
Status: (Passed) 2013-07-03 - Effective date, January 1, 2014. [SB492 Detail]
Download: Oregon-2013-SB492-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 492
Sponsored by COMMITTEE ON JUDICIARY
CHAPTER ................
AN ACT
Relating to disclosure in criminal prosecutions; amending ORS
135.405, 135.815 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 a represented
defendant the following material and information within the
possession or control of the district attorney:
(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.
(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.
(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.
(d) Any books, papers, documents, photographs or tangible
objects:
(A) Which the district attorney intends to offer in evidence at
the trial; or
(B) Which were obtained from or belong to the defendant.
(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.
(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.
{ + (g) Any material or information that tends to:
(A) Exculpate the defendant;
(B) Negate or mitigate the defendant's guilt or punishment; or
(C) Impeach a person the district attorney intends to call as a
witness at the trial.
(2)(a) The disclosure required by subsection (1)(g) of this
section shall occur without delay after arraignment and prior to
the entry of any guilty plea pursuant to an agreement with the
Enrolled Senate Bill 492 (SB 492-B) Page 1
state. If the existence of the material or information is not
known at that time, the disclosure shall be made upon discovery
without regard to whether the represented defendant has entered
or agreed to enter a guilty plea.
(b) Nothing in subsection (1)(g) of this section:
(A) Expands any obligation under a statutory provision or the
Oregon or United States Constitution to disclose, or right to
disclosure of, personnel or internal affairs files of law
enforcement officers.
(B) Imposes any obligation on the district attorney to provide
material or information beyond the obligation imposed by the
Oregon and United States Constitutions. + }
{ - (2) - } { + (3) + } Except as otherwise provided in ORS
135.855 and 135.873, in prosecutions for violation of ORS 813.010
in which an instrument was used to test a person's breath, blood
or urine to determine the alcoholic content of the person's blood
the district attorney shall disclose to a represented defendant
at least the following material and information within the
possession or control of the district attorney:
(a) Any report prepared by a police officer relating to field
tests, interviews, observations and other information relating to
the charged offense;
(b) Any report relating to the test results;
(c) A copy of the form provided to the defendant under ORS
813.100 (3)(b); and
(d) Any checklist prepared by the operator of the instrument
for the test.
{ - (3)(a) - } { + (4)(a) + } If a defendant is not
represented by a lawyer, the district attorney shall disclose to
the defendant all of the information described in subsections (1)
and { - (2) - } { + (3) + } of this section except for the
personal identifiers of the victim and any witnesses.
(b) Notwithstanding paragraph (a) of this subsection, the
district attorney shall disclose the personal identifiers of the
victim and any witnesses if the trial court orders the
disclosure. A trial court shall order the district attorney to
disclose the personal identifiers 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.
{ - (4)(a) - } { + (5)(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 personal identifiers of a victim or witness
obtained under subsections (1) and { - (2) - } { + (3) + } of
this section.
(b) The trial court shall order the lawyer, or representative
of the lawyer, to disclose to the defendant the personal
identifiers 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.
{ - (5) - } { + (6) + } As used in this section:
Enrolled Senate Bill 492 (SB 492-B) Page 2
(a) 'Personal identifiers' means a person's address, telephone
number, Social Security number and date of birth and the
identifying number of a person's depository account at a
financial institution, as defined in ORS 706.008, or credit card
account.
(b) 'Representative of the lawyer' has the meaning given that
term in ORS 40.225.
(c) 'Represented defendant' means a defendant who is
represented by a lawyer in a criminal action.
SECTION 2. ORS 135.405 is amended to read:
135.405. (1) In cases in which it appears that the interest of
the public in the effective administration of criminal justice
would thereby be served, and in accordance with the criteria set
forth in ORS 135.415, the district attorney may engage in plea
discussions for the purpose of reaching a plea agreement.
(2) The district attorney shall engage in plea discussions or
reach a plea agreement with the defendant only through defense
counsel, except when, as a matter of record, the defendant has
effectively waived the right of the defendant to counsel or, if
the defendant is not eligible for appointed counsel, has not
retained counsel.
(3) The district attorney in reaching a plea agreement may
agree to, but is not limited to, one or more of the following, as
required by the circumstances of the individual case:
(a) To make or not to oppose favorable recommendations as to
the sentence which should be imposed if the defendant enters a
plea of guilty or no contest to the offense charged;
(b) To seek or not to oppose dismissal of the offense charged
if the defendant enters a plea of guilty or no contest to another
offense reasonably related to the defendant's conduct; or
(c) To seek or not to oppose dismissal of other charges or to
refrain from bringing potential charges if the defendant enters a
plea of guilty or no contest to the offense charged.
(4) Similarly situated defendants should be afforded equal plea
agreement opportunities.
{ + (5) The district attorney may not condition a plea offer
on a requirement that the defendant waive the disclosure
obligation of ORS 135.815 (1)(g). + }
{ - (5)(a) - } { + (6)(a) + } A district attorney may
provide a plea offer and agreed disposition recommendation to the
defendant at the time of arraignment or first appearance of the
defendant for a crime in open court under an early disposition
program established under ORS 135.941.
(b) Unless extended by the court, a plea offer and agreed
disposition recommendation made under paragraph (a) of this
subsection expire upon completion of the arraignment. Except for
good cause, a court may not extend a plea offer and agreed
disposition recommendation under this paragraph for more than
seven days for a misdemeanor or 21 days for a felony.
SECTION 3. 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, 133.693 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)(a) to (e) and { - (2) - }
{ + (g) and (3) + };
(6) ORS 135.825, 135.835, 135.845 and 135.855 to 135.873; and
Enrolled Senate Bill 492 (SB 492-B) Page 3
(7) ORS 136.432.
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Passed by Senate May 1, 2013
Repassed by Senate June 18, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 13, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 492 (SB 492-B) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 492 (SB 492-B) Page 5
