147.600
Confidentiality of certain victim communications and records; exception. (1) As used in this section:
(a) “Certified
advocate” means a person who:
(A) Has completed
at least 40 hours of training in advocacy for victims of domestic violence,
sexual assault or stalking, approved by the Attorney General by rule; and
(B) Is an
employee or a volunteer of a qualified victim services program.
(b) “Confidential
communication” means a written or oral communication that is not intended for
further disclosure to third persons except to:
(A) Persons
present at the time the communication is made who are present to further the
interests of the victim in the course of seeking safety planning, counseling,
support or advocacy services;
(B) Persons
reasonably necessary for the transmission of the communication; or
(C) Other
persons, in the context of group counseling.
(c) “Qualified
victim services program” means:
(A) A
nongovernmental, nonprofit, community-based program receiving moneys
administered by the state Department of Human Services or the Oregon or United
States Department of Justice, or a program administered by a tribal government,
that offers safety planning, counseling, support or advocacy services to
victims of domestic violence, sexual assault or stalking; or
(B) A sexual
assault center, victim advocacy office, women’s center, student affairs center,
health center or other program providing safety planning, counseling, support
or advocacy services to victims that is on the campus of or affiliated with a
two-year or four-year post-secondary institution that enrolls one or more
students who receive an Oregon Opportunity Grant.
(d) “Victim”
means a person seeking safety planning, counseling, support or advocacy
services related to domestic violence, sexual assault or stalking at a
qualified victim services program.
(2) Except as
provided in ORS 40.252 and 40.264, without the written, informed consent of the
victim that is reasonably limited in duration, a certified advocate or a
qualified victim services program may not disclose:
(a) Confidential
communications between a victim and the certified advocate or qualified victim
services program made in course of safety planning, counseling, support or
advocacy services.
(b) Records that
are created or maintained in the course of providing services regarding the
victim.
(3)
Notwithstanding subsection (2) of this section, a certified advocate or a
qualified victim services program may disclose confidential communications or
records without the victim’s consent only:
(a) To the extent
necessary for defense in any civil, criminal or administrative action that is
brought against the certified advocate, or against the qualified victim
services program, by or on behalf of the victim; and
(b) As otherwise
required by law.
(4) This section
does not prohibit the disclosure of aggregate, nonpersonally identifying data. [2015
c.265 §4; 2017 c.256 §2]
Note: 147.600 was enacted into law by
the Legislative Assembly but was not added to or made a part of ORS chapter 147
or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
Notes of Decisions
Cited in
3
cases (
3 in the last 5 years), 2024–2024 · leading case:
State v. Sacco, 559 P.3d 416 (Or. 2024).
State v. Sacco, 559 P.3d 416 (Or. 2024).
· cites it 38× “This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507- 1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
· cites it 38× “This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
· cites it 38× “This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
Or. Rev. Stat. § 147.600(1)(b): 3 cases
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507- 1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
Or. Rev. Stat. § 147.600(2): 3 cases
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507- 1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
Or. Rev. Stat. § 147.600(2)(a): 3 cases
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507- 1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
Or. Rev. Stat. § 147.600(2)(b): 3 cases
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507- 1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
Or. Rev. Stat. § 147.600(3): 3 cases
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507- 1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
Or. Rev. Stat. § 147.600(4): 3 cases
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507- 1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
State v. Sacco, 559 P.3d 416 (Or. 2024).
“This original mandamus proceeding involves the scope of the certified advocate-victim privilege, OEC 507-1, and a related statute, ORS 147.600, as applied to a trial court’s pretrial discovery order in a criminal case.”
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