§ 192.597 — Disclosure pursuant to abuse investigation; procedure; liability; affidavit

Oregon § 192.597

• Jurisdiction: Oregon
• Vol.: 5
• Title 19: Miscellaneous Matters Related to Government and Public Affairs
• Ch. 192: Records; Public Reports and Meetings

Text

(1) Notwithstanding ORS 192.596, a financial institution shall disclose and provide copies of the financial records of a person who is the alleged victim in an investigation under ORS 124.070 or 441.650 in accordance with a subpoena issued by a court or on behalf of a grand jury under ORS 136.563.
(2) A subpoena issued under this section shall specify:
(a) The name and Social Security number of the person about whom financial records are sought; and
(b) That the person about whom financial records are sought is the alleged victim in an abuse investigation under ORS 124.070 or 441.650.
(3) Disclosure and provision of copies under this section shall be made:
(a) Without the consent of the person who is the alleged victim in the abuse investigation, or of the person’s caretaker, fiduciary or other legal representative; and
(b) When made under subsection (7)(b) of this section, without the consent of the person who is not the alleged victim in the abuse investigation.
(4) A copy of the subpoena issued under this section may be served upon the person or the person’s caretaker, fiduciary or other legal representative, in the discretion of the court or the district attorney that issued the subpoena.
(5) Except when specifically directed by the court or district attorney issuing the subpoena not to, a financial institution that discloses and provides copies of financial records under this section may, but is not required to:
(a) Inform the person about whom financial records have been sought about the disclosure; or
(b) Inform the person’s caretaker, fiduciary or other legal representative, about the disclosure.
(6) A financial institution that provides copies of financial records under this section may be reimbursed for costs incurred as provided in ORS 192.602.
(7)(a) Financial records may be subpoenaed under this section only with respect to a person who is the alleged victim of abuse in an investigation under ORS 124.070 or 441.650.
(b) Notwithstanding paragraph (a) of this subsection, financial records may be subpoenaed under this section when the financial records pertain to an account, loan or other financial relationship owned, held or maintained by a person who is the alleged victim in an abuse investigation under ORS 124.070 or 441.650 together with one or more other persons who are not alleged victims in the abuse investigation.
(8) A financial institution that discloses and provides copies of financial records under this section is not liable to any person for any loss, damage or injury arising out of or in any way pertaining to the disclosure and provision of the copies.
(9)(a) Copies provided by a financial institution under this section must be accompanied by an affidavit or declaration of a custodian of records for the financial institution that states the following:
(A) That the affiant or declarant is a duly authorized custodian of the financial records and has authority to certify the financial records;
(B) That the copies are true copies of all of the financial records responsive to the subpoena; and
(C) That the financial records were prepared by the personnel of the financial institution acting under the control of the financial institution in the ordinary course of the financial institution’s business.
(b) If the financial institution has none of the financial records described in the subpoena, or only part of the financial records described in the subpoena, the affiant or declarant shall state in the affidavit or declaration that none or only a part of the financial records described in the subpoena are in the financial institution’s possession and control and shall disclose and provide only those financial records of which the affiant or declarant has custody.
(c) When more than one person has knowledge of the facts required to be stated in the affidavit or declaration under this subsection, more than one affidavit or declaration may be used.
(d) Copies provided under this subsection are admissible in evidence in a proceeding before a court in which testimony may be compelled to the same extent as though the original financial records were offered and a custodian of the financial records had been present and testified to the matters stated in the affidavit or declaration. The affidavit or declaration is admissible as evidence of the matters stated in the affidavit or declaration. The matters stated in the affidavit or declaration are presumed to be true. The presumption established by this paragraph is a presumption affecting the burden of producing evidence.

Legislative History

2012 c.70 §10; 2013 c.352 §11