Arraignment and Pretrial Provisions
Information required when victim contacted by defense
- deposition of victim
- when contact with victim prohibited
- effect of threats by defendant
(1)If the victim or a witness requests, the court shall order that the victim’s or witness’s address and phone number not be given to the defendant unless good cause is shown to the court.
(2)If contacted by the defense or any agent of the defense, the victim must be clearly informed by the defense or other contacting agent, either in person or in writing, of the identity and capacity of the person contacting the victim, that the victim does not have to talk to the defendant’s attorney, or other agents of the defendant, or provide other discovery unless the victim wishes, and that the victim may have a district attorney, assistant attorney general or other attorney or advocate present during any interview or other contact.
(3)A victim may not be required to be interviewed or deposed by or give discovery to the defendant, the defendant’s attorney or any agent of the defense unless the victim consents. This subsection does not prohibit the defendant from:
(a)Subpoenaing or examining the victim at trial or in a pretrial proceeding when the purpose is other than for discovery; or
(b)Subpoenaing books, papers or documents as provided in ORS 136.580 (Subpoenas when books, papers or documents are required).
(4)(a) Any pretrial release order must prohibit any contact with the victim, either directly or indirectly, unless specifically authorized by the court having jurisdiction over the criminal charge. This subsection shall not limit contact by the defense attorney, or an agent of the defense attorney, other than the defendant, in the manner set forth in subsection (2) of this section.
(b)If a victim notifies the district attorney that the defendant, either directly or indirectly, threatened or intimidated the victim, the district attorney shall notify the court with jurisdiction over the criminal matter and the defense attorney. If the defendant is not in custody and the court finds there is probable cause to believe the victim has been threatened or intimidated by the defendant, either directly or indirectly, the court shall immediately issue an order to show cause why defendant’s release status should not be revoked. After conducting such hearing as it deems appropriate, if the court finds that the victim has been threatened or intimidated by the defendant, either directly or indirectly, the defendant’s release status shall be revoked and the defendant shall be held in custody with a security amount set in an amount sufficient to ensure the safety of the victim and the community.
(5)As used in this section, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime against the person or a third person and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 §3; 1997 c.313 §7; 1999 c.1051 §251; 2013 c.144 §1]
Notes of Decisions
Private investigator working for defense attorney is not obligated to inform victim of victim's right to refuse interview with defense. Johnson v. Department of Public Safety Standards and Training, 253 Or App 307, 293 P3d 228 (2012)