(1) In addition to any other limitations on privilege that may be imposed by law, there is no privilege under ORS 40.225, 40.230 or 40.250 for communications if:
(a) In the professional judgment of the person receiving the communications, the communications reveal that the declarant has a clear and serious intent at the time the communications are made to subsequently commit a crime involving physical injury, a threat to the physical safety of any person, sexual abuse or death or involving an act described in ORS 167.322;
(b) In the professional judgment of the person receiving the communications, the declarant poses a danger of committing the crime; and
(c) The person receiving the communications makes a report to another person based on the communications.
(2) The provisions of this section do not create a duty to report any communication to any person.
(3) A person who discloses a communication described in subsection (1) of this section, or fails to disclose a communication described in subsection (1) of this section, is not liable to any other person in a civil action for any damage or injury arising out of the disclosure or failure to disclose. [2001 c.640 §2; 2007 c.731 §4]
Note: 40.252 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Section: Previous 40.210 40.225 40.230 40.235 40.240 40.245 40.250 40.252 40.255 40.260 40.262 40.265 40.270 40.272 40.273 NextLast modified: August 7, 2008