135.970, and other parts not discoverable, as much of the material shall be disclosed as is consistent with the provisions thereof. [1973 c.836 �218; 1999 c.304 �5; 2007 c.581 �2] ����� 135.857 Di

135.970, and other parts not discoverable, as much of the material shall be disclosed as is consistent with the provisions thereof. [1973 c.836 �218; 1999 c.304 �5; 2007 c.581 �2]

����� 135.857 Disclosure to victim; conditions. (1) In any criminal prosecution arising from an automobile collision in which the defendant is alleged to have been under the influence of alcohol or drugs, the district attorney prosecuting the action shall make available, upon request, to the victim or victims and to their attorney, or to the survivors of the victim or victims and to their attorney, all reports and information disclosed to the defendant pursuant to ORS 135.805 to 135.873. The reports and information shall be made available at the same time as it is disclosed to the defendant or as soon thereafter as may be practicable after a request is received. The district attorney may impose such conditions as may be reasonable and necessary to prevent the release of the reports and information from interfering with the trial of the defendant. The district attorney may apply to the court for an order requiring any person receiving such reports and information to comply with the conditions of release.

����� (2) For the purpose of this section:

����� (a) �District attorney� has that meaning given in ORS 131.005.

����� (b) �Drug� has that meaning given in ORS 475.005. [1991 c.229 �2]

����� 135.860 [Amended by 1973 c.836 �164; renumbered 135.370]

����� 135.865 Effect of failure to comply with discovery requirements. Upon being apprised of any breach of the duty imposed by the provisions of ORS 135.805 to 135.873 and 135.970, the court may order the violating party to permit inspection of the material, or grant a continuance, or refuse to permit the witness to testify, or refuse to receive in evidence the material not disclosed, or enter such other order as it considers appropriate. [1973 c.836 �219; 1999 c.304 �6]

����� 135.870 [Amended by 1971 c.743 �321; repealed by 1973 c.836 �358]

����� 135.873 Protective orders. (1) As used in this section:

����� (a) �Local government� has the meaning given that term in ORS 174.116.

����� (b) �Sexual offense� includes but is not limited to a sex crime as defined in ORS 163A.005.

����� (c) �State government� has the meaning given that term in ORS 174.111.

����� (d) �Victim� has the meaning given that term in ORS 131.007.

����� (2) Upon a showing of good cause, the court may at any time order that specified disclosures be denied, restricted or deferred, or make such other order as is appropriate.

����� (3) Upon request of any party, the court may permit a showing of good cause for denial or regulation of disclosures, or portion of such showing, to be made in camera. A record shall be made of such proceedings.

����� (4) If the court enters an order granting relief following a showing in camera, the entire record of the showing shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. Except for information or materials subject to an order that has been entered under subsection (5) or (6) of this section, the trial court, in its discretion, may, after the case has been concluded, unseal matters previously sealed.

����� (5) Upon the request of a district attorney or the victim, the court shall enter a protective order prohibiting any party to or attorney in, or the agent of a party to or attorney in, criminal proceedings involving a sexual offense, an offense involving the visual or audio recording of sexual conduct by a child or invasion of personal privacy under ORS 163.700 or 163.701 from copying or disseminating any information of a sexually explicit nature including, but not limited to, photographs depicting a person in a state of nudity, photographs of human genitalia, any information of the prior sexual history of the victim and any visual or audio recording of the sexual victimization.

����� (6) Upon the request of a district attorney or the victim, unless the court finds good cause to do otherwise, the court shall enter a protective order prohibiting any party to or attorney in, or the agent of a party to or attorney in, criminal proceedings involving a sexual offense, an offense involving the visual or audio recording of sexual conduct by a child or invasion of personal privacy under ORS 163.700 or 163.701 from copying or disseminating a visual or audio recording of the victim describing the victim�s sexual victimization.

����� (7) Notwithstanding a protective order entered under subsection (5) or (6) of this section, information or materials described in subsections (5) and (6) may be copied or disseminated for the purpose of:

����� (a) Providing discovery;

����� (b) Submitting evidence to a grand jury, a court, an agency of state government, a local government or a federal agency for use in judicial or administrative proceedings;

����� (c) Having the information or materials examined by an expert witness for the court, the state or any party;

����� (d) Providing copies of the information or materials to the parties� attorneys or agents; or

����� (e) Sharing the information or materials with an agency of state government for use in carrying out duties imposed on the agency by statute.

����� (8) Upon the request of the victim, the court may order that the victim be provided with a copy of information or materials described in subsections (5) and (6) of this section. [1973 c.836 �220; 2005 c.531 �1; 2009 c.713 �10; 2015 c.645 �6]

����� 135.875 [1969 c.293 �1; renumbered