for acts occurring in the performance of the public servant�s duties,

162.005 for acts occurring in the performance of the public servant�s duties, and an indictment resulting from the grand jury proceedings is indorsed �not a true bill�:

����� (A) The public servant or the prosecuting attorney may file a motion requesting a court order releasing all or a portion of a transcript of the grand jury proceedings. A copy of the motion must be served on the opposing party. In deciding whether to issue such an order, the court shall determine whether the public interest in disclosure outweighs the interest in maintaining the secrecy of the grand jury proceedings. If the court orders disclosure, the court may set reasonable conditions on copying, disseminating or republishing the transcript.

����� (B) A member of the public may file a motion requesting a court order for production and release of a transcript of the grand jury proceedings. A copy of the motion must be served on the prosecuting attorney and the public servant�s attorney, or the public servant if the public servant is not represented by an attorney. The person filing the motion is responsible for the cost of producing the transcript and a court order for production and release of the transcript must be conditioned on receipt of payment. In deciding whether to issue such an order, the court shall determine whether the public interest in disclosure outweighs the interest in maintaining the secrecy of the grand jury proceedings. If the court orders disclosure, the court may set reasonable conditions on copying, disseminating or republishing the transcript.

����� (b) The release of any transcript under this subsection may not include:

����� (A) The release of any personal identifiers of a victim or witness; or

����� (B) The release of the name or any personal identifiers of a grand juror.

����� (4)(a) A motion for a protective order concerning an audio recording, the notes or report of a shorthand reporter or a transcript of grand jury proceedings may be filed as follows:

����� (A) Except when the prosecuting attorney has filed a certification of the decision to not file a motion for a protective order under subsection (2)(b) of this section, the prosecuting attorney may file a motion for a protective order within 10 days after the defendant�s arraignment on the indictment. The motion may be filed on behalf of a victim or a witness. The prosecuting attorney shall inform the victim of the ability to seek a protective order.

����� (B) The prosecuting attorney may file a motion for a protective order within 10 days after receiving a motion described in subsection (2)(e) of this section.

����� (C) The prosecuting attorney, the public servant who is the subject of an indictment indorsed �not a true bill� or the public servant�s attorney may file a motion for a protective order within 10 days of receiving a motion described in subsection (3)(a) of this section.

����� (b) If the motion for a protective order requests that a portion of the audio recording, notes, report or transcript be redacted, the motion must be accompanied by a specific description, including the date and time, of the portion of the audio recording, notes, report or transcript to be redacted.

����� (c) In response to a motion filed under this subsection, the court may order that the access of the person requesting release to a copy of the audio recording, notes, report or transcript be denied, restricted or deferred, or may make any other order, upon a finding of substantial and compelling circumstances. In deciding whether to grant the motion and enter a protective order under this paragraph, the court may consider the following:

����� (A) Protection of witnesses and others from physical harm, threats of harm, bribes, economic interference, reprisal and other forms of intimidation;

����� (B) Maintenance of secrecy regarding informants, as required for effective investigation of criminal activity;

����� (C) Confidential information recognized under law, including the protection of confidential relationships and privileges and the contents of confidential records unrelated to a crime alleged in the indictment; and

����� (D) Any other relevant considerations.

����� (d) The court may permit the evidence of substantial and compelling circumstances described in paragraph (c) of this subsection to be made in the form of a written statement to be inspected by the court only or by oral testimony given on the record.

����� (5)(a) Except as provided in paragraph (b) of this subsection, when grand jury proceedings do not result in an indictment indorsed as either �a true bill� or �not a true bill,� the audio recording or notes or report of the shorthand reporter produced pursuant to ORS 132.250 and 132.260 may not be disclosed or released.

����� (b) When subsequent grand jury proceedings occur inquiring into the same criminal episode as the grand jury proceedings described in paragraph (a) of this subsection, and the subsequent proceedings result in an indictment indorsed as �a true bill,� the prosecuting attorney shall provide notice to the person charged in the indictment of the occurrence of the earlier grand jury proceedings. After the person is arraigned on the indictment, the audio recording or the notes or report of the shorthand reporter produced during the earlier grand jury proceedings may be obtained in the manner set forth in subsection (2) of this section.

����� (c) As used in this subsection, �criminal episode� has the meaning given that term in ORS