§ 44.547 — Notice to court; accommodations

Oregon § 44.547

• Jurisdiction: Oregon
• Vol.: 1
• Title 4: Evidence and Witnesses
• Ch. 44: Witnesses

Text

(1) In any case in which a child under 12 years of age or a person with a developmental disability described in subsection (2) of this section is called to give testimony, the attorney or party who plans to call the witness must notify the court at least seven days before the trial or proceeding of any special accommodations needed by the witness. Upon receiving the notice, the court shall order such accommodations as are appropriate under the circumstances considering the age or disability of the witness. Accommodations ordered by the court may include:
(a) Break periods during the proceedings for the benefit of the witness.
(b) Designation of a waiting area appropriate to the special needs of the witness.
(c) Conducting proceedings in clothing other than judicial robes.
(d) Relaxing the formalities of the proceedings.
(e) Adjusting the layout of the courtroom for the comfort of the witness.
(f) Conducting the proceedings outside of the normal courtroom.
(2) For the purposes of this section, “developmental disability” means a disability attributable to mental retardation, autism, cerebral palsy, epilepsy or other disabling neurological condition that requires training or support similar to that required by persons with mental retardation, if either of the following apply:
(a) The disability originates before the person attains 22 years of age, or if the disability is attributable to mental retardation the condition is manifested before the person attains 18 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society.
(b) The disability results in a significant subaverage general intellectual functioning with concurrent deficits in adaptive behavior that are manifested during the developmental period.

Legislative History

1995 c.804 §1