(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.
(2) 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) 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) 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) 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) 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) As used in this section:
(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. [1973 c.836 §214; 1989 c.790 §5; 1993 c.469 §2; 1999 c.304 §1; 2005 c.545 §1; 2007 c.581 §1]
Section: Previous 135.785 135.787 135.789 135.791 135.793 135.805 135.810 135.815 135.820 135.825 135.830 135.835 135.840 135.845 135.850 NextLast modified: August 7, 2008