§ 419C.276 — Disclosure of personal identifiers of victim or witness; advice of rights prior to interview or deposition; prohibited contact with victim or witness; effect of threats or intimidation

Oregon § 419C.276

• Jurisdiction: Oregon
• Vol.: 11
• Title 34: Human Services; Juvenile Code; Corrections
• Ch. 419C: Juvenile Code: Delinquency

Text

(1)(a) Unless authorized by the court to disclose the information, the attorney of a youth or adjudicated youth, or an agent of the attorney, may not disclose to the youth or adjudicated youth personal identifiers of a victim or witness.
(b) The court shall order the attorney, or agent of the attorney, to disclose to the youth or adjudicated youth the personal identifiers of a victim or witness if the court finds that:
(A) The attorney of the youth or adjudicated youth has requested the district attorney or the juvenile department to disclose the information to the youth or adjudicated youth;
(B) The district attorney or the juvenile department has refused to disclose the information to the youth or adjudicated youth; and
(C) The need for the information cannot reasonably be met by other means.
(2) If contacted by the attorney of the youth or adjudicated youth, an agent of the youth or adjudicated youth, or an agent of the attorney of the youth or adjudicated youth, a victim must be clearly informed by the attorney or agent, either in person or in writing:
(a) Of the identity and capacity of the person contacting the victim;
(b) That the victim does not have to talk to the attorney or agent, or provide other discovery unless the victim wishes; and
(c) That the victim may have a representative of the state present during any interview.
(3) Unless the victim consents after receiving a full advice of rights as provided in subsection (2) of this section, a victim may not be required to be interviewed or deposed by or give discovery to the youth or adjudicated youth or the attorney for the youth or adjudicated youth, or an agent of the attorney or youth or adjudicated youth. This subsection does not prohibit the youth or adjudicated youth from:
(a) Subpoenaing or examining the victim in a proceeding when the purpose is other than for discovery; or
(b) Subpoenaing books, papers or documents as provided in ORS 136.580.
(4) Any preadjudication release order must prohibit any contact with the victim, either directly or indirectly, unless specifically authorized by the court. This subsection does not limit contact by the attorney for the youth or adjudicated youth, or an agent of the attorney, other than the youth or adjudicated youth, in the manner set forth in subsection (2) of this section.
(5)(a) If a victim notifies the district attorney or juvenile department that the youth or adjudicated youth, by direct or indirect contact, threatened or intimidated the victim, the district attorney or juvenile department shall notify the court and the attorney for the youth or adjudicated youth. If the youth or adjudicated youth is not in custody and the court finds there is probable cause to believe the victim has been threatened or intimidated by the youth or adjudicated youth, by direct or indirect contact, the court shall immediately issue an order to show cause why the release status should not be revoked.
(b) After conducting a hearing as the court deems appropriate, if the court finds that the victim has been threatened or intimidated by the youth or adjudicated youth, by direct or indirect contact, the release status shall be revoked and the youth or adjudicated youth shall be held in detention until conditions of release sufficient to ensure the safety of the victim and the community can be implemented.
(c) In any hearing convened under this subsection, the victim has the right to be notified in advance of the hearing, to appear personally at the hearing and, if present, to express any views relevant to the issues before the court.
(6)(a) For purposes of subsections (4) and (5) of this section, “contact” has the meaning given that term in ORS 163.730.
(b) For the purposes of subsection (1) of this section, “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.

Legislative History

2007 c.609 §3; 2009 c.113 §1; 2021 c.489 §66