(a) "Local government" has the meaning given that term in ORS 174.116.
(b) "Sexual offense" includes but is not limited to a sex crime as defined in ORS 163A.005.
(c) "State government" has the meaning given that term in ORS 174.111.
(d) "Victim" has the meaning given that term in ORS 131.007.
(2) Upon a showing of good cause, the court may at any time order that specified disclosures be denied, restricted or deferred, or make such other order as is appropriate.
(3) Upon request of any party, the court may permit a showing of good cause for denial or regulation of disclosures, or portion of such showing, to be made in camera. A record shall be made of such proceedings.
(4) If the court enters an order granting relief following a showing in camera, the entire record of the showing shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. Except for information or materials subject to an order that has been entered under subsection (5) or (6) of this section, the trial court, in its discretion, may, after the case has been concluded, unseal matters previously sealed.
(5) Upon the request of a district attorney or the victim, the court shall enter a protective order prohibiting any party to or attorney in, or the agent of a party to or attorney in, criminal proceedings involving a sexual offense, an offense involving the visual or audio recording of sexual conduct by a child or invasion of personal privacy under ORS 163.700 or 163.701 from copying or disseminating any information of a sexually explicit nature including, but not limited to, photographs depicting a person in a state of nudity, photographs of human genitalia, any information of the prior sexual history of the victim and any visual or audio recording of the sexual victimization.
(6) Upon the request of a district attorney or the victim, unless the court finds good cause to do otherwise, the court shall enter a protective order prohibiting any party to or attorney in, or the agent of a party to or attorney in, criminal proceedings involving a sexual offense, an offense involving the visual or audio recording of sexual conduct by a child or invasion of personal privacy under ORS 163.700 or 163.701 from copying or disseminating a visual or audio recording of the victim describing the victim’s sexual victimization.
(7) Notwithstanding a protective order entered under subsection (5) or (6) of this section, information or materials described in subsections (5) and (6) may be copied or disseminated for the purpose of:
(a) Providing discovery;
(b) Submitting evidence to a grand jury, a court, an agency of state government, a local government or a federal agency for use in judicial or administrative proceedings;
(c) Having the information or materials examined by an expert witness for the court, the state or any party;
(d) Providing copies of the information or materials to the parties’ attorneys or agents; or
(e) Sharing the information or materials with an agency of state government for use in carrying out duties imposed on the agency by statute.
(8) Upon the request of the victim, the court may order that the victim be provided with a copy of information or materials described in subsections (5) and (6) of this section. [1973 c.836 §220; 2005 c.531 §1; 2009 c.713 §10; 2015 c.645 §6]
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.