(a) Was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted; or
(b) Involved false statement or dishonesty.
(2)(a) If a defendant is charged with one or more of the crimes listed in paragraph (b) of this subsection, and the defendant is a witness, evidence that the defendant has been convicted of committing one or more of the following crimes against a family or household member, as defined in ORS 135.230, may be elicited from the defendant, or established by public record, and admitted into evidence for the purpose of attacking the credibility of the defendant:
(A) Assault in the fourth degree under ORS 163.160.
(B) Menacing under ORS 163.190.
(C) Harassment under ORS 166.065.
(D) Attempted assault in the fourth degree under ORS 163.160 (1).
(E) Attempted assault in the fourth degree under ORS 163.160 (3).
(F) Strangulation under ORS 163.187.
(G) The statutory counterpart in another jurisdiction to a crime listed in this paragraph.
(b) Evidence may be admitted into evidence for the purpose of attacking the credibility of a defendant under the provisions of this subsection only if the defendant is charged with committing one or more of the following crimes against a family or household member, as defined in ORS 135.230:
(A) Aggravated murder under ORS 163.095.
(B) Murder in the first degree under ORS 163.107.
(C) Murder in the second degree under ORS 163.115.
(D) Manslaughter in the first degree under ORS 163.118.
(E) Manslaughter in the second degree under ORS 163.125.
(F) Assault in the first degree under ORS 163.185.
(G) Assault in the second degree under ORS 163.175.
(H) Assault in the third degree under ORS 163.165.
(I) Assault in the fourth degree under ORS 163.160.
(J) Rape in the first degree under ORS 163.375 (1)(a).
(K) Sodomy in the first degree under ORS 163.405 (1)(a).
(L) Unlawful sexual penetration in the first degree under ORS 163.411 (1)(a).
(M) Sexual abuse in the first degree under ORS 163.427 (1)(a)(B).
(N) Kidnapping in the first degree under ORS 163.235.
(O) Kidnapping in the second degree under ORS 163.225.
(P) Burglary in the first degree under ORS 164.225.
(Q) Coercion under ORS 163.275.
(R) Stalking under ORS 163.732.
(S) Violating a court’s stalking protective order under ORS 163.750.
(T) Menacing under ORS 163.190.
(U) Harassment under ORS 166.065.
(V) Strangulation under ORS 163.187.
(W) Attempting to commit a crime listed in this paragraph.
(3) Evidence of a conviction under this section is not admissible if:
(a) A period of more than 15 years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date; or
(b) The conviction has been expunged by pardon, reversed, set aside or otherwise rendered nugatory.
(4) When the credibility of a witness is attacked by evidence that the witness has been convicted of a crime, the witness shall be allowed to explain briefly the circumstances of the crime or former conviction; once the witness explains the circumstances, the opposing side shall have the opportunity to rebut the explanation.
(5) The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.
(6) An adjudication by a juvenile court that a child is within its jurisdiction is not a conviction of a crime.
(7) A conviction of any of the statutory counterparts of offenses designated as violations as described in ORS 153.008 may not be used to impeach the character of a witness in any criminal or civil action or proceeding. [1981 c.892 §53; 1987 c.2 §9; subsection (6) of 1993 Edition enacted as 1993 c.379 §4; 1999 c.1051 §121; 2001 c.714 §1; 2003 c.577 §3; 2009 c.56 §1; 2019 c.635 §6]
Note: 40.355 (7) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 40 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 40.015 - Rule 101. Applicability of Oregon Evidence Code.
Section 40.025 - Rule 103. Rulings on evidence.
Section 40.030 - Rule 104. Preliminary questions.
Section 40.065 - Rule 201(b). Kinds of facts.
Section 40.070 - Rules 201(c) and 201(d). When mandatory or discretionary.
Section 40.085 - Rule 201(g). Instructing the jury.
Section 40.090 - Rule 202. Law that is judicially noticed.
Section 40.115 - Rule 307. Allocation of the burden of producing evidence.
Section 40.125 - Rule 309. Presumptions in criminal proceedings.
Section 40.135 - Rule 311. Presumptions.
Section 40.170 - Rule 404. Character evidence; evidence of other crimes, wrongs or acts.
Section 40.172 - Rule 404-1. Pattern, practice or history of abuse; expert testimony.
Section 40.175 - Rule 405. Methods of proving character.
Section 40.180 - Rule 406. Habit; routine practice.
Section 40.190 - Rule 408. Compromise and offers to compromise.
Section 40.200 - Rule 410. Withdrawn plea or statement not admissible.
Section 40.205 - Rule 411. Liability insurance.
Section 40.225 - Rule 503. Lawyer-client privilege.
Section 40.230 - Rule 504. Psychotherapist-patient privilege.
Section 40.235 - Rule 504-1. Physician-patient privilege.
Section 40.245 - Rule 504-3. School employee-student privilege.
Section 40.250 - Rule 504-4. Regulated social worker-client privilege.
Section 40.252 - Rule 504-5. Communications revealing intent to commit certain crimes.
Section 40.255 - Rule 505. Spousal privilege.
Section 40.260 - Rule 506. Member of clergy-penitent privilege.
Section 40.262 - Rule 507. Counselor-client privilege.
Section 40.264 - Rule 507-1. Certified advocate-victim privilege.
Section 40.272 - Rule 509-1. Sign language interpreter privilege.
Section 40.273 - Rule 509-2. Non-English-speaking person-interpreter privilege.
Section 40.274 - Rule 509-3. Legislative branch offsite process counselor privilege.
Section 40.275 - Rule 510. Identity of informer.
Section 40.290 - Rule 513. Comment upon or inference from claim of privilege.
Section 40.320 - Rule 603. Oath or affirmation.
Section 40.350 - Rule 608. Evidence of character and conduct of witness.
Section 40.355 - Rule 609. Impeachment by evidence of conviction of crime; exceptions.
Section 40.360 - Rule 609-1. Impeachment for bias or interest.
Section 40.370 - Rule 611. Mode and order of interrogation and presentation.
Section 40.380 - Rule 613. Prior statements of witnesses.
Section 40.385 - Rule 615. Exclusion of witnesses.
Section 40.405 - Rule 701. Opinion testimony by lay witnesses.
Section 40.450 - Rule 801. Definitions for ORS 40.450 to 40.475.
Section 40.460 - Rule 803. Hearsay exceptions; availability of declarant immaterial.
Section 40.465 - Rule 804. Hearsay exceptions when the declarant is unavailable.
Section 40.505 - Rule 901. Requirement of authentication or identification.
Section 40.510 - Rule 902. Self-authentication.
Section 40.550 - Rule 1001. Definitions for ORS 40.550 to 40.585.
Section 40.560 - Rule 1003. Admissibility of duplicates.
Section 40.562 - Rule 1003-1. Admissibility of reproduction.
Section 40.565 - Rule 1004. Admissibility of other evidence of contents.