SB 188 repeals not allowing courts to exclude evidence

In Committee
Work Session 04/04/2023 1:00pm HR D
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This bill repeals ORS ORS 136.432, which are provisions prohibiting court from excluding admissible evidence on grounds evidence was obtained in violation of statute except in specified circumstances. It reads:

A court may not exclude relevant and otherwise admissible evidence in a criminal action on the grounds that it was obtained in violation of any statutory provision unless exclusion of the evidence is required by:
(1)The United States Constitution or the Oregon Constitution;
(2)The rules of evidence governing privileges and the admission of hearsay; or
(3)The rights of the press. [1997 c.313 §1]
None of the other statutes in ORS 419C.270 i, which the repeal applies to addresses the withholding of evidence. We have seen in a few well publicized cases in Oregon where prosecution withheld evidence that might have proven the innocence. Repealing this statute will allow withholding evidence, or judges excluding valid evidence.
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