134.645; 1987 c.320 �21; 2019 c.213 �21] ����� 135.787 Administrator of agreement; appointment; duties. The Governor may appoint an administrator who shall perform the duties and functions and exe

134.645; 1987 c.320 �21; 2019 c.213 �21]

����� 135.787 Administrator of agreement; appointment; duties. The Governor may appoint an administrator who shall perform the duties and functions and exercise the powers conferred upon such person by Article VII of the Agreement on Detainers. [Formerly 134.655]

����� 135.789 Notice of request for temporary custody; prisoner�s rights. In order to implement paragraph (a) of Article IV of the Agreement on Detainers, and in furtherance of its purposes, the appropriate authorities having custody of the prisoner shall, promptly upon receipt of the officer�s written request, notify the prisoner and the Governor in writing that a request for temporary custody has been made and such notification shall describe the source and contents of such request. The authorities having custody of the prisoner shall also advise the prisoner in writing of the rights of the prisoner to counsel, to make representations to the Governor within 30 days, and to contest the legality of the delivery of the prisoner. [Formerly 134.665]

����� 135.791 Request for final disposition of detainer from prisoner in another state. When the district attorney of any county shall have received written notice from a prisoner in another state of the prisoner�s request for final disposition to be made of any untried accusatory instrument which is the basis of a detainer against the prisoner, the district attorney promptly shall give written notice to the Governor that such request has been received. The notice to the Governor shall describe the charge pending against the prisoner and shall recite the crime of which the prisoner was convicted in the other state, the sentence imposed and the date the sentence commenced, or so much of such information as may be known to the district attorney. The notice to the Governor shall be accompanied by a summary of the evidence against the prisoner on the untried charge. Within 10 days after receiving the notice and summary of evidence, the Governor shall send written direction to the district attorney either to proceed with prosecution of the prisoner when the prisoner is made available, or to move the court for dismissal of the untried indictment, information or complaint and to remove the detainer against the prisoner. The written direction may be signed by the Governor or by a person authorized by the Governor to perform extradition functions. The decision of the Governor shall be final, and the district attorney shall act as so directed. [1973 c.632 �2]

����� 135.793 Procedure where untried instrument pending against prisoner in another state. Any officer of a jurisdiction in this state in which an untried accusatory instrument is pending against a prisoner in another state, and who desires to have the prisoner returned for trial, shall give written notice and a summary of the evidence against the prisoner to the Governor in the manner provided in ORS 135.791. The Governor shall, within 10 days after receiving the notice and summary, send written direction to such officer either approving or disapproving the return of the prisoner. The direction by the Governor shall be final, and may be signed as provided in ORS 135.791. The officer desiring return of a prisoner shall not seek the court approval provided for in paragraph (a) of Article IV of the Agreement on Detainers prior to receiving approval by the Governor. [1973 c.632 �3]

PRETRIAL DISCOVERY

����� 135.805 Applicability; scope of disclosure. (1) The provisions of ORS 135.805 to 135.873 are applicable to all criminal prosecutions in which the charging instrument has been brought in a court of record.

����� (2) Except as otherwise provided in a protective order entered under ORS 135.873, or any other provision of law prohibiting or restricting the disclosure of specific material or information, as used in ORS 135.805 to 135.873, �disclose� means to provide:

����� (a) A copy of the material, including but not limited to any document, photograph, report, audio recording, video recording or electronically stored information;

����� (b) The opportunity to inspect and photograph tangible physical evidence; and

����� (c) The opportunity to conduct independent testing of tangible physical evidence, provided that the testing does not destroy the evidence.

����� (3) Subsection (2)(a) of this section does not apply to any material that contains depictions of sexually explicit conduct involving a child, as those terms are defined in ORS 163.665. [1973 c.836 �213; 1977 c.617 �1; 2021 c.409 �1]

����� 135.810 [Repealed by 1973 c.836 �358]

����� 135.815 Disclosure to defendant. (1) Except as otherwise provided in ORS 135.855 and 135.873, the district attorney shall disclose to a represented defendant the following material and information within the possession or control of the district attorney:

����� (a) The names, addresses and telephone numbers of persons whom the district attorney intends to call as witnesses at any stage of the trial, together with their relevant written or recorded statements or memoranda of any oral statements of such persons.

����� (b) Any written or recorded statements or memoranda of any oral statements made by the defendant, or made by a codefendant if the trial is to be a joint one.

����� (c) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons which the district attorney intends to offer in evidence at the trial.

����� (d) Any books, papers, documents, photographs or tangible objects:

����� (A) Which the district attorney intends to offer in evidence at the trial; or

����� (B) Which were obtained from or belong to the defendant.

����� (e) If actually known to the district attorney, any record of prior criminal convictions of persons whom the district attorney intends to call as witnesses at the trial; and the district attorney shall make a good faith effort to determine if such convictions have occurred.

����� (f) All prior convictions of the defendant known to the state that would affect the determination of the defendant�s criminal history for sentencing under rules of the Oregon Criminal Justice Commission.

����� (g) Any material or information that tends to:

����� (A) Exculpate the defendant;

����� (B) Negate or mitigate the defendant�s guilt or punishment; or

����� (C) Impeach a person the district attorney intends to call as a witness at the trial.

����� (2)(a) The disclosure required by subsection (1)(g) of this section:

����� (A) Shall occur regardless of whether the material or information is recorded or in writing.

����� (B) Shall occur without delay in accordance with ORS 135.845 and prior to the entry of any guilty plea pursuant to an agreement with the state. If the existence of the material or information is not known at that time, the disclosure shall be made upon discovery without regard to whether the represented defendant has entered or agreed to enter a guilty plea.

����� (b) Nothing in subsection (1)(g) of this section:

����� (A) Expands any obligation under a statutory provision or the Oregon or United States Constitution to disclose, or right to disclosure of, personnel or internal affairs files of law enforcement officers.

����� (B) Imposes any obligation on the district attorney to provide material or information beyond the obligation imposed by the Oregon and United States Constitutions.

����� (3) Except as otherwise provided in ORS 135.855 and 135.873, in prosecutions for violation of ORS 813.010 in which an instrument was used to test a person�s breath, blood or urine to determine the alcoholic content of the person�s blood the district attorney shall disclose to a represented defendant at least the following material and information within the possession or control of the district attorney:

����� (a) Any report prepared by a police officer relating to field tests, interviews, observations and other information relating to the charged offense;

����� (b) Any report relating to the test results;

����� (c) A copy of the form provided to the defendant under ORS 813.100 (2)(b); and

����� (d) Any checklist prepared by the operator of the instrument for the test.

����� (4)(a) If a defendant is not represented by a lawyer, the district attorney shall disclose to the defendant all of the information described in subsections (1) and (3) of this section except for the personal identifiers of the victim and any witnesses.

����� (b) Notwithstanding paragraph (a) of this subsection, the district attorney shall disclose the personal identifiers of the victim and any witnesses if the trial court orders the disclosure. A trial court shall order the district attorney to disclose the personal identifiers of the victim and any witnesses if the trial court finds that:

����� (A) The defendant has requested the information; and

����� (B)(i) The victim or witness is a business or institution and disclosure of the information would not represent a risk of harm to the victim or witness; or

����� (ii) The need for the information cannot reasonably be met by other means.

����� (5)(a) Unless authorized by the trial court to disclose the information, a lawyer representing a defendant, or a representative of the lawyer, may not disclose to the defendant personal identifiers of a victim or witness obtained under subsections (1) and (3) of this section.

����� (b) The trial court shall order the lawyer, or representative of the lawyer, to disclose to the defendant the personal identifiers of a victim or witness if the court finds that:

����� (A) The defendant�s lawyer has requested the district attorney to disclose the information to the defendant;

����� (B) The district attorney has refused to disclose the information to the defendant; and

����� (C) The need for the information cannot reasonably be met by other means.

����� (6) As used in this section:

����� (a) �Personal identifiers� means:

����� (A) In relation to a witness, the witness�s address, telephone number, Social Security number and date of birth and the identifying number of the witness�s depository account at a financial institution, as defined in ORS 706.008, or credit card account.

����� (B) In relation to a victim, the victim�s address, electronic mail address, telephone number, Social Security number, date of birth, any user names or other identifying information associated with the victim�s social media accounts and the identifying number of the victim�s depository account at a financial institution, as defined in ORS 706.008, or credit card account.

����� (b) �Representative of the lawyer� has the meaning given that term in ORS 40.225.

����� (c) �Represented defendant� means a defendant who is represented by a lawyer in a criminal action.

����� (d) �Social media� has the meaning given that term in ORS 659A.330. [1973 c.836 �214; 1989 c.790 �5; 1993 c.469 �2; 1999 c.304 �1; 2005 c.545 �1; 2007 c.581 �1; 2013 c.525 �1; 2017 c.171 �1; 2019 c.475 �11; 2021 c.409 �2]

����� 135.820 [Repealed by 1973 c.836 �358]

����� 135.825 Other disclosure to defense; special conditions. Except as otherwise provided in ORS 135.855 and