SB 188 Repeals not allowing courts to exclude evidence

03/13/2023
VOTE:NO – Died In Committee
Status (overview) of bill:https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/SB188
Committee assigned to bill:https://olis.oregonlegislature.gov/liz/2023R1/Committees/SJUD/Overview

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.

Tags: Criminals, evidence

SB 188 Repeals not allowing courts to exclude evidence

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