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The SATF sponsored
two bills during the 2009 Oregon Legislative Session.
Protection of Evidence
Current law requires the state to reproduce and disseminate materials, such as photographs and audio or video recordings, of sexually explicit material to the defense in criminal cases. While 2005 legislation (SB 199, codified as ORS 135.873(5), (6)) gave district attorneys and victims the ability to petition the court for a protective order to hold sexually explicit material and information within their control, and many of them routinely do, not all courts are granting such requests. Furthermore, allowing these materials to be provided to the defense through the criminal discovery process has resulted in the loss of materials and the reproduction of materials that are out of the court’s control.
Unfortunately, this bill did not pass during the 2009 legislative session.
Bill Summary
Mental Incapacitation -- Passed!
According to ORS 163.305, “mental incapacitation” means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense because of the influence of a controlled or other intoxicating substance administered to the person without the consent of the person or because of any other act committed upon the person without the consent of the person.
This bill removes the question of how a person who is assaulted became incapacitated, and focuses instead on the person’s ability to consent to sexual activity and the defendant’s knowledge of that state of mental incapacity.
Bill Summary
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