135.970
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.
(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
Cited in
10
cases (
5 in the last 5 years), 1989–2025 · leading case:
State v. Glaspey, 55 P.3d 562 (Or. Ct. App. 2002).
State v. Glaspey, 55 P.3d 562 (Or. Ct. App. 2002).
· cites it 2× “406; (4) pretrial protection of victims from certain contact and disclosures, ORS 135.970; (5) the right to appear and give a victim impact statement at sentencing, ORS 137.”
In Re Lawrence, 98 P.3d 366 (Or. 2004).
“Patricia Battle was not represented by counsel, and Kelly informed her of her rights under ORS 135.970 (requiring, among other things, that defense counsel inform the victim that she need not talk to him if she did not desire to do so).”
R. M. v. McNeer, 341 Or. App. 425 (Or. Ct. App. 2025).
“Specifically, respon- dent asserts that crime victims’ rights enshrined in Article I, section 42, of the Oregon Constitution and ORS 135.970, in particular the right that named criminal victims can refuse to be deposed in criminal prosecutions, do not extend to civil cases or…”
State Ex Rel. O'Leary v. Lowe, 769 P.2d 188 (Or. 1989).
“Graville, 304 Or 424 , 746 P2d 715 (1987); ORS 135.970(2). A related scenario allegedly is presented in State ex rel Upham v.”
State v. Bray, 291 P.3d 727 (Or. 2012).
“970(3) (as amended in 1997 by Or Laws 1997, ch 313, § 7, “discovery” from victims is generally prohibited, subject to exception for defendant “[s]ubpoenaing or examining the victim at trial” or “[s]ubpoenaing books, papers or documents”). Here, however, we need not decide…”
Johnson v. Dep't of Pub. Saf. Standards & Training, 293 P.3d 228 (Or. Ct. App. 2012).
· cites it 20× “We also note that the enactment history of ORS 135.970 is not helpful in discerning the voter’s intent because it contains inconsistent explanations of the purpose of the provision at issue.”
State v. Sacco, 373 Or. 63 (Or. 2024).
· cites it 2× “That right was codified at ORS 135.970(1), which provides: “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.”
State v. Sacco, 373 Or. 63 (Or. 2024).
· cites it 2× “That right was codified at ORS 135.970(1), which provides: “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.”
State v. Sacco, 373 Or. 63 (Or. 2024).
· cites it 2× “That right was codified at ORS 135.970(1), which provides: “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.”
R. M. v. McNeer, 341 Or. App. 425 (Or. Ct. App. 2025).
“Specifically, respon- dent asserts that crime victims’ rights enshrined in Article I, section 42, of the Oregon Constitution and ORS 135.970, in particular the right that named criminal victims can refuse to be deposed in criminal prosecutions, do not extend to civil cases or…”
— Or. Rev. Stat. § 135.970(1) — 3 cases
State v. Sacco, 373 Or. 63 (Or. 2024).
“That right was codified at ORS 135.970(1), which provides: “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.”
State v. Sacco, 373 Or. 63 (Or. 2024).
“That right was codified at ORS 135.970(1), which provides: “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.”
State v. Sacco, 373 Or. 63 (Or. 2024).
“That right was codified at ORS 135.970(1), which provides: “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.”
— Or. Rev. Stat. § 135.970(2) — 2 cases
State Ex Rel. O'Leary v. Lowe, 769 P.2d 188 (Or. 1989).
“Graville, 304 Or 424 , 746 P2d 715 (1987); ORS 135.970(2). A related scenario allegedly is presented in State ex rel Upham v.”
Johnson v. Dep't of Pub. Saf. Standards & Training, 293 P.3d 228 (Or. Ct. App. 2012).
“We also note that the enactment history of ORS 135.970 is not helpful in discerning the voter’s intent because it contains inconsistent explanations of the purpose of the provision at issue.”
— Or. Rev. Stat. § 135.970(3) — 1 case
State v. Bray, 291 P.3d 727 (Or. 2012).
“970(3) (as amended in 1997 by Or Laws 1997, ch 313, § 7, “discovery” from victims is generally prohibited, subject to exception for defendant “[s]ubpoenaing or examining the victim at trial” or “[s]ubpoenaing books, papers or documents”). Here, however, we need not decide…”
— Or. Rev. Stat. § 135.970(5) — 3 cases
State v. Sacco, 373 Or. 63 (Or. 2024).
“That right was codified at ORS 135.970(1), which provides: “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.”
State v. Sacco, 373 Or. 63 (Or. 2024).
“That right was codified at ORS 135.970(1), which provides: “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.”
State v. Sacco, 373 Or. 63 (Or. 2024).
“That right was codified at ORS 135.970(1), which provides: “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.”
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