HB 2473: Relating to criminal procedures; and declaring an emergency. - Oregon

B-Engrossed → Enrolled · 6 edits · Jun 24, 2025

MODERATE

This bill updates Oregon's criminal procedure laws to modernize how evidence is collected and verified in criminal cases. Key changes include clarifying how criminal process documents can be served, updating requirements for verifying document authenticity, and adding protections for individuals complying with court orders. The bill also removes outdated formatting instructions and adds new definitions for terms used in the statute.

Scope change

The bill maintains the same scope of criminal procedure provisions but updates specific mechanisms for serving documents, verifying evidence authenticity, and protecting individuals who comply with court orders.

REQUIREMENT

Updated service methods for criminal process documents to include electronic transmission options with proof of delivery requirements

Changed document verification requirements to require affidavits that identify custodians rather than just including contact information

ENFORCEMENT

Added immunity protections for individuals who comply with criminal process and for those who fail to provide notice of disclosures

DEFINITION

Added new definitions for 'applicant', 'contact information', 'criminal process', and 'declaration' to clarify terms used in the statute

TECHNICAL

Removed summary section and editorial notes that were present in the B-Engrossed version but not needed in the final enrolled bill

TIMELINE

Added specific language about trial continuations when courts grant relief from waiver objections to evidence admission

A-Engrossed → B-Engrossed · 6 edits · Jun 12, 2025

MODERATE

This bill updates Oregon's criminal procedure rules to modernize how criminal records are authenticated, expanded how law enforcement can obtain digital evidence from deceased users, and clarifies when prosecutors must share grand jury recordings with defense attorneys. The changes also add new methods for serving criminal process and modify the verification requirements for electronic records.

Scope change

The bill's scope expanded from primarily modifying existing criminal procedure rules to include new provisions for digital evidence collection from deceased users and updated service methods for criminal process.

REQUIREMENT

Added new requirements for verifying authenticity of records in response to criminal process, including contact information for custodians and qualified persons.

Modified service methods for criminal process to include express mail and electronic transmission with proof of delivery.

Removed time limit requiring prosecutors to elect whether to treat misdemeanors as Class A violations or specified felonies as Class A misdemeanors.

ENFORCEMENT

Authorized law enforcement agencies to use forensic imaging to obtain information from portable electronic devices belonging to deceased users when death is the subject of an investigation.

TIMELINE

Added 20 business day deadline for recipients to produce documents in response to criminal process, with exceptions for court orders or applicant consent.

DEFINITION

Added new statute references (ORS 161.566, 161.570) to the bill's scope, expanding which Oregon Revised Statutes are being amended.

Introduced → A-Engrossed · 6 edits · Jun 12, 2025

MODERATE

This bill amends Oregon's criminal procedure laws to modernize how records are authenticated for court use, update which statutes are referenced, and add new provisions regarding blood alcohol testing by phlebotomists and emergency declarations. It also removes references to outdated statutes and clarifies certain requirements for law enforcement and prosecutors.

Scope change

The bill's scope was narrowed by removing several substantive provisions from the digest (forensic imaging of deceased users, mobile tracking device warrants, pretrial custody conditions, and effective date changes) while adding new provisions about blood alcohol testing and emergency declarations.

REQUIREMENT

Changed the requirement for authenticating records from providing a 'declaration' to providing 'verification' for criminal process responses.

ENFORCEMENT

Added authorization for phlebotomists to withdraw blood for driving under the influence analysis as evidence.

TIMELINE

Added an emergency declaration that makes the bill effective immediately upon passage.

SCOPE

Removed provisions about forensic imaging of deceased users, mobile tracking device warrants, pretrial custody conditions, and the 91-day effective date requirement.

Updated the list of amended statutes to remove ORS 133.539, 133.619, 135.240, 135.280, and 136.583 while adding ORS 166.065 and 813.160.

DEFINITION

Added repeal of a manner of committing the crime of harassment.

Relating to criminal procedures; and declaring an emergency.

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