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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2469
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee
on Judiciary for Oregon Criminal Defense Lawyers Association)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act changes some rules for criminal cases.(Flesch Readability Score: 71.8).
Establishes a time limit on when a district attorney may submit an indictment to the grand jury
on a pending case when a trial date has been scheduled.
Authorizes the use of grand jury recordings to challenge the indorsement of an indictment “a
true bill.”
Requires the district attorney to file a motion for admission of evidence seized pursuant to a
warrantlesssearch.
Authorizes the court to modify the release decision after ordering preventative pretrial de-
tention if circumstances have changed.
Authorizes the court to enter a judgment for a Class A violation when a person is convicted of
a misdemeanor.
A BILL FOR AN ACT
Relating to criminal procedure; creating new provisions; and amending ORS 132.270, 132.330, 133.673,
133.693, 135.240 and 153.008.
Be It Enacted by the People of the State of Oregon:
INDICTMENT AND USE OF GRAND JURY RECORDINGS
SECTION 1. ORS 132.330 is amended to read:
132.330. (1) The district attorney may submit an indictment to the grand jury in any case when
the district attorney has good reason to believe that a crime has been committed which is triable
within the county.
(2) Notwithstanding subsection (1) of this section, when the defendant has been arraigned
on a charging instrument and a trial date has been scheduled, the district attorney may not
submit an indictment to the grand jury concerning the pending case unless the submission
occurs at least 10 days before the trial date.
SECTION 2. ORS 132.270 is amended to read:
132.270. (1) Audio recordings and the notes or report of a shorthand reporter produced pursuant
to ORS 132.250 and 132.260 are confidential and may not be released except as described in this
section.
(2) When an indictment resulting from grand jury proceedings is indorsed “a true bill,” the audio
recording or the notes or report of a shorthand reporter of the grand jury proceedings may be re-
leased only in the following manner:
(a) The prosecuting attorney may access a copy of the audio recording or the notes or report
of a shorthand reporter at any time.
(b) When the defendant has been arraigned on the indictment and is represented by an attorney,
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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the district attorney shall:
(A) Provide a copy to the defense attorney of all audio recordings, or the notes or report of a
shorthand reporter, related to an indictment after 10 days have passed since the defendant’s
arraignment on the indictment and no motion described in subsection (4) of this section has been
filed;or
(B) Provide a copy of the audio recordings, or the notes or report of a shorthand reporter, to
the defense attorney in accordance with the court’s ruling on the motion described in subsection (4)
of this section, if a motion has been filed.
(c) Unless the court orders otherwise for good cause shown, the prosecuting attorney and the
defense attorney may not copy, disseminate or republish the audio recording, the notes or report
of a shorthand reporter, or a transcript prepared from the audio recording, notes or report, released
pursuant to this subsection, except to provide a copy to an agent of the prosecuting attorney or
defense attorney for the limited purpose of case preparation.Unless a court orders otherwise for
good cause shown, in consulting with the defendant the defense attorney may not disclose to the
defendant:
(A) Any personal identifiers of a victim, witness or grand juror obtained from the audio re-
cording, report, notes or transcript; or
(B) Any portion of the audio recording, report, notes or transcript that contains any personal
identifiers of a victim, witness or grand juror.
(d) The defense attorney may not provide a copy of the audio recording, notes or report, or a
transcript prepared from the audio recording, notes or report, to the defendant.
(e) When the defendant has been arraigned but is not represented by an attorney, the defendant
may request by motion that the court issue an order allowing the defendant access to review the
contents of the audio recording or the notes or report of the shorthand reporter. A copy of the
motion must be provided to the prosecuting attorney. The prosecuting attorney may request a
hearing on the motion within 10 days after receiving a copy. At the hearing, or in response to re-
ceiving the motion, the court shall appoint counsel for the defendant for the limited purpose of re-
viewing the audio recording, notes or report and may set reasonable conditions on the review of the
audio recording, notes or report.
(3)(a) When a grand jury inquires into the conduct of a public servant as defined in ORS 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 deter-
mine 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 re-
lease 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 de-
termine whether the public interest in disclosure outweighs the interest in maintaining the secrecy
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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) 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 wit-
ness. 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 re-
ceiving 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, includ-
ing 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
criminalactivity;
(C) Confidential information recognized under law, including the protection of confidential re-
lationships 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 pro-
ceedings 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 pro-
ceedings. After the person is arraigned on the indictment and the time period described in sub-
section (2)(b) of this section has passed, the audio recording or the notes or report of the shorthand
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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
131.505.
(6) The district attorney of each county may establish a fee for the cost of providing a copy of
any audio recording, or the notes or report of a shorthand reporter, of a grand jury proceeding to
a person requesting a copy under this section.
(7) An audio recording, the notes or report of a shorthand reporter or a transcript of a grand
jury proceeding obtained pursuant to this section and ORS 132.250 and 132.260:
(a) May not be used as evidence in any subsequent proceeding, except as permitted under ORS
40.375, 40.380, 40.450, 40.460 or 40.465.
[(b) May not be used to challenge the indorsement of an indictment “a true bill” or the proceedings
that led to the indorsement.]
[(c)] (b) May be used as evidence in a prosecution for perjury or false swearing committed by
a witness while giving testimony during the grand jury proceeding or during trial.
[(d)] (c) May be used as evidence in a proceeding for contempt of court against a person alleged
to have violated the terms of a court order concerning the audio recording, notes, report or tran-
script.
[(e)] (d) May be submitted to the court and used as evidence for a hearing on a protective order
described in subsection (4) of this section.
(8) The release of audio recordings, shorthand reporter notes or reports or transcripts of grand
jury proceedings under this section does not affect discovery obligations under ORS 135.805 to
135.873.
(9) As used in this section:
(a) “Personal identifiers” means:
(A) In relation to a witness or a grand juror, the person’s address, telephone number, driver li-
cense, vehicle registration information, Social Security number, date of birth and the identifying
number of the person’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,
driver license, vehicle registration information, 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) “Social media” has the meaning given that term in ORS 659A.330.
USE OF EVIDENCE SEIZED DURING A WARRANTLESS SEARCH
SECTION 3. ORS 133.673 is amended to read:
133.673. (1)(a) Objections to use in evidence of things seized in violation of any of the provisions
of ORS 133.525 to 133.703 shall be made by a motion to suppress which shall be heard and deter-
mined by any department of the trial court in advance of trial.
(b) Notwithstanding paragraph (a) of this subsection, if the district attorney intends to
rely at trial on evidence seized as the result of a warrantless search, the district attorney
shall file a motion requesting the admission of the evidence. The motion shall be heard by
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any department of the trial court in advance of trial, and at the hearing, the prosecution has
the burden of proving by a preponderance of the evidence the validity of the search.
(2) A motion to suppress which has been denied may be renewed, in the discretion of the court,
on the ground of newly discovered evidence, or as the interests of justice require.
SECTION 4. ORS 133.693 is amended to read:
133.693. (1) Subject to the provisions of subsection (2) of this section, in any proceeding on a
motion to suppress evidence the moving party shall be entitled to contest, by cross-examination or
offering evidence, the good faith, accuracy and truthfulness of the affiant with respect to the evi-
dence presented to establish probable cause for search or seizure.
(2) If the evidence sought to be suppressed was seized by authority of a search warrant, the
moving party shall be allowed to contest the good faith, accuracy and truthfulness of the affiant as
to the evidence presented before the issuing authority only upon supplementary motion, supported
by affidavit, setting forth substantial basis for questioning such good faith, accuracy and
truthfulness.
(3) In any proceeding under subsection (2) of this section, the moving party shall have the bur-
den of proving by a preponderance of the evidence that the evidence presented before the issuing
authority was not offered in good faith, was not accurate and was not truthful.
[(4) Where the motion to suppress challenges evidence seized as the result of a warrantless search,
the burden of proving by a preponderance of the evidence the validity of the search is on the prose-
cution.]
[(5)] (4) The court shall determine whether, under applicable law, any inaccuracy, untruthfulness
or lack of good faith requires suppression.
PREVENTATIVE PRETRIAL DETENTION
SECTION 5. ORS 135.240 is amended to read:
135.240. (1) Except as provided in subsections (2) and (4) of this section, a defendant shall be
released in accordance with ORS 135.230 to 135.290.
(2)(a) When the defendant is charged with murder, aggravated murder or treason, release shall
be denied when the proof is evident or the presumption strong that the person is guilty.
(b) When the defendant is charged with murder or aggravated murder and the proof is not evi-
dent nor the presumption strong that the defendant is guilty, the court shall determine the issue of
release as provided in subsection (4) of this section. In determining the issue of release under sub-
section (4) of this section, the court may consider any evidence used in making the determination
required by this subsection.
(3) The magistrate may conduct such hearing as the magistrate considers necessary to determine
whether, under subsection (2) of this section, the proof is evident or the presumption strong that the
person is guilty.
(4)(a) When the defendant is charged with a violent felony, release shall be denied if the court
finds:
(A) Except when the defendant is charged by indictment, that there is probable cause to believe
that the defendant committed the crime; and
(B) By clear and convincing evidence, that there is a danger of physical injury or sexual
victimization to the victim or members of the public by the defendant while on release.
(b) If the defendant wants to have a hearing on the issue of release, the defendant must request
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the hearing at the time of arraignment in circuit court. If the defendant requests a release hearing,
the court must hold the hearing within five days of the request.
(c) At the release hearing, unless the state stipulates to the setting of security or release, the
court shall make the inquiry set forth in paragraph (a) of this subsection. The state has the burden
of producing evidence at the release hearing subject to ORS 40.015 (4).
(d) The defendant may be represented by counsel and may present evidence on any relevant is-
sue. However, the hearing may not be used for purposes of discovery.
(e) If the court determines that the defendant is eligible for release in accordance with this
subsection, the court shall set security or other appropriate conditions of release.
(f) When a defendant who has been released violates a condition of release and the violation:
(A) Constitutes a new criminal offense, the court shall cause the defendant to be taken back into
custody and shall order the defendant held pending trial without release.
(B) Does not constitute a new criminal offense, the court may order the defendant to be taken
back into custody and may order the defendant held pending trial or may make a new release de-
cision.
(g) If circumstances concerning the defendant’s release change at any time after the
court makes the finding described in paragraph (a) of this subsection, the court, upon re-
quest by the district attorney or the defendant, may modify the release decision.
(5) For purposes of this section, “violent felony” means a felony offense in which there was an
actual or threatened serious physical injury to the victim, or a felony sexual offense.
MISDEMEANOR REDUCTION TO VIOLATION
SECTION 6. Section 7 of this 2025 Act is added to and made a part of ORS 161.705 to
161.737.
SECTION 7. (1) Notwithstanding ORS 161.545, and except as provided in subsection (3)
of this section, the court may enter judgment of conviction for a Class A violation and make
disposition accordingly when:
(a) A person is convicted of any misdemeanor; and
(b) The court, considering the nature and circumstances of the offense and the history
and character of the defendant, believes that a violation conviction is appropriate.
(2) The entry of judgment of conviction for a Class A violation under this section may
be made at the time of conviction, and the court shall clearly denominate the offense as a
Class A violation in the judgment.
(3) A court may not treat misdemeanors created under ORS 811.540 or 813.010 as vio-
lations under the provisions of this section.
SECTION 8. ORS 153.008 is amended to read:
153.008. (1) Except as provided in subsection (2) of this section, an offense is a violation if any
of the following apply:
(a) The offense is designated as a violation in the statute defining the offense.
(b) The statute prescribing the penalty for the offense provides that the offense is punishable
by a fine but does not provide that the offense is punishable by a term of imprisonment.The statute
may provide for punishment in addition to a fine as long as the punishment does not include a term
of imprisonment.
(c) The offense is created by an ordinance of a county, city, district or other political subdivision
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of this state with authority to create offenses, and the ordinance provides that violation of the or-
dinance is punishable by a fine but does not provide that the offense is punishable by a term of
imprisonment.The ordinance may provide for punishment in addition to a fine as long as the pun-
ishment does not include a term of imprisonment.
(d) The prosecuting attorney has elected to treat the offense as a violation for purposes of a
particular case in the manner provided by ORS 161.566.
(e) The court has elected to treat the offense as a violation for purposes of a particular case in
the manner provided by ORS 161.568.
(f) The court has entered a judgment for a violation under section 7 of this 2025 Act.
(2) Conviction of a violation does not give rise to any disability or legal disadvantage based on
conviction of a crime.
APPLICABILITY
SECTION 9. (1) Section 7 of this 2025 Act and the amendments to ORS 132.270, 132.330,
133.673, 133.693 and 153.008 by sections 1 to 4 and 8 of this 2025 Act apply to criminal pro-
ceedings initiated on or after the effective date of this 2025 Act.
(2) The amendments to ORS 135.240 by section 5 of this 2025 Act apply to criminal pro-
ceedings initiated before, on or after the effective date of this 2025 Act.
CAPTIONS
SECTION 10. The unit and section captions used in this 2025 Act are provided only for
the convenience of the reader and do not become part of the statutory law of this state or
express any legislative intent in the enactment of this 2025 Act.
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