2011 ORS § 135.970¹
When address and phone number of victim or witness not to be given to defendant
- • 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 victims or witnesss address and phone number not be given to the defendant unless good cause is shown to the court.
(2) If contacted by the defense, the victim must be clearly informed by the defendants attorney, 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 defendants attorney, or other agents of the defendant, or provide other discovery unless the victim wishes, and that the victim may have a district attorney present during any interview.
(3) A victim may not be required to be interviewed or deposed by or give discovery to the defendant or the defendants attorney 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 defendants 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 defendants 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. [1987 c.2 §3; 1997 c.313 §7; 1999 c.1051 §251]