(a) The names, addresses and telephone numbers 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.
(g) Any material or information that tends to:
(A) Exculpate the defendant;
(B) Negate or mitigate the defendant’s guilt or punishment; or
(C) Impeach a person the district attorney intends to call as a witness at the trial.
(2)(a) The disclosure required by subsection (1)(g) of this section:
(A) Shall occur regardless of whether the material or information is recorded or in writing.
(B) Shall occur without delay in accordance with ORS 135.845 and prior to the entry of any guilty plea pursuant to an agreement with the state. If the existence of the material or information is not known at that time, the disclosure shall be made upon discovery without regard to whether the represented defendant has entered or agreed to enter a guilty plea.
(b) Nothing in subsection (1)(g) of this section:
(A) Expands any obligation under a statutory provision or the Oregon or United States Constitution to disclose, or right to disclosure of, personnel or internal affairs files of law enforcement officers.
(B) Imposes any obligation on the district attorney to provide material or information beyond the obligation imposed by the Oregon and United States Constitutions.
(3) 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 (2)(b); and
(d) Any checklist prepared by the operator of the instrument for the test.
(4)(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 (3) 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.
(5)(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 (3) 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.
(6) As used in this section:
(a) "Personal identifiers" means:
(A) In relation to a witness, the witness’s address, telephone number, Social Security number and date of birth and the identifying number of the witness’s depository account at a financial institution, as defined in ORS 706.008, or credit card account.
(B) In relation to a victim, the victim’s address, electronic mail address, telephone number, Social Security number, date of birth, any user names or other identifying information associated with the victim’s social media accounts and the identifying number of the victim’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.
(d) "Social media" has the meaning given that term in ORS 659A.330. [1973 c.836 §214; 1989 c.790 §5; 1993 c.469 §2; 1999 c.304 §1; 2005 c.545 §1; 2007 c.581 §1; 2013 c.525 §1; 2017 c.171 §1; 2019 c.475 §11; 2021 c.409 §2]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 135 - Arraignment and Pretrial Provisions
Section 135.030 - When presence of defendant is required; appearance by counsel.
Section 135.037 - Omnibus hearing; when held; subject; ruling of court; counsel required.
Section 135.045 - Court appointment of counsel; waiver of counsel; appointment of legal advisor.
Section 135.055 - Compensation and expenses of appointed counsel.
Section 135.065 - Name used in further proceedings; motion to strike false name.
Section 135.067 - Effect of failure to provide true name of defendant on certain types of release.
Section 135.085 - Subpoenaing witnesses.
Section 135.100 - Statement of defendant.
Section 135.185 - Holding defendant to answer; use of hearsay evidence.
Section 135.225 - Forwarding of papers by magistrate.
Section 135.230 - Definitions for ORS 135.230 to 135.290.
Section 135.233 - Standing pretrial release orders; guidelines for orders.
Section 135.235 - Release assistance officers; appointment; duties.
Section 135.240 - Releasable offenses.
Section 135.245 - Release decision.
Section 135.246 - Release conditions related to medical use of cannabis.
Section 135.247 - Order prohibiting contact with victim of sex crime or domestic violence.
Section 135.250 - General conditions of release agreement.
Section 135.253 - Waiver of appearance at trial as release condition prohibited.
Section 135.255 - Release agreement.
Section 135.260 - Conditional release.
Section 135.265 - Security release.
Section 135.270 - Taking of security.
Section 135.275 - Seizure of security by law enforcement agency.
Section 135.280 - Arrest warrant; forfeiture.
Section 135.290 - Punishment by contempt of court.
Section 135.295 - Application of ORS 135.230 to 135.290 to certain traffic offenses.
Section 135.335 - Pleading by defendant; conditional pleas.
Section 135.355 - Presentation of plea; entry in register; forms.
Section 135.360 - Special provisions relating to presentation of plea of guilty or no contest.
Section 135.375 - Pleading to offenses in other counties.
Section 135.380 - Time of entering plea; aid of counsel.
Section 135.385 - Defendant to be advised by court; inquiry into immigration status prohibited.
Section 135.390 - Determining voluntariness of plea; nature of plea agreement.
Section 135.405 - Plea discussions and plea agreements.
Section 135.415 - Criteria to be considered in plea discussions and plea agreements.
Section 135.418 - Prohibited plea agreement provisions.
Section 135.425 - Responsibilities of defense counsel.
Section 135.432 - Judge involvement in plea discussions; responsibilities of trial judge.
Section 135.435 - Discussion and agreement not admissible.
Section 135.445 - Withdrawn plea or statement not admissible.
Section 135.470 - Motion to dismiss accusatory instrument on grounds of former jeopardy.
Section 135.510 - Grounds for motion to set aside the indictment.
Section 135.530 - Effect of allowance of motion.
Section 135.610 - Demurrer; generally.
Section 135.630 - Grounds of demurrer.
Section 135.670 - Allowance of demurrer.
Section 135.703 - Crimes subject to being compromised; exceptions.
Section 135.705 - Satisfaction of injured person; dismissal of charges.
Section 135.746 - Time period within which trial must commence.
Section 135.748 - Periods of time excluded from time limits.
Section 135.752 - When trial not commenced within time limit.
Section 135.753 - Effect of dismissal.
Section 135.760 - Notice requesting early trial on pending charge.
Section 135.763 - Trial within 90 days of notice unless continuance granted.
Section 135.767 - Presence of prisoner at proceedings.
Section 135.775 - Agreement on Detainers.
Section 135.805 - Applicability; scope of disclosure.
Section 135.815 - Disclosure to defendant.
Section 135.825 - Other disclosure to defense; special conditions.
Section 135.835 - Disclosure to the state.
Section 135.845 - Time of disclosure.
Section 135.855 - Material and information not subject to discovery.
Section 135.857 - Disclosure to victim; conditions.
Section 135.873 - Protective orders.
Section 135.881 - Definitions for ORS 135.881 to 135.901.
Section 135.886 - Requirements for diversion; factors considered.
Section 135.893 - Diversion conditions related to medical use of cannabis.
Section 135.925 - Bad check diversion program; fees.
Section 135.941 - Early disposition programs.
Section 135.942 - Purposes of program.
Section 135.943 - Provisions of program.
Section 135.948 - Availability to probationers.
Section 135.949 - Other programs authorized.
Section 135.951 - Authorization; determining when appropriate; exclusions.
Section 135.953 - How mediation may be used.
Section 135.955 - Notifying victims and person charged with crime of mediation opportunities.
Section 135.959 - Authority to contract with dispute resolution programs.
Section 135.973 - Medication use by specialty court entrant.
Section 135.980 - Rehabilitative programs directory; compilation; availability.
Section 135.983 - Court inquiry into defendant’s immigration status prohibited.
Section 135.985 - Procedure when defendant is servicemember.