40.252 Rule 504-5

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

40.252 Rule 504-5. Communications revealing intent to commit certain crimes.

(1)In addition to any other limitations on privilege that may be imposed by law, there is no privilege under ORS 40.225, 40.230, 40.250, 40.264 or 40.274 for communications if:

(a)In the professional judgment of the person receiving the communications, the communications reveal that the declarant has a clear and serious intent at the time the communications are made to subsequently commit a crime involving physical injury, a threat to the physical safety of any person, sexual abuse or death or involving an act described in ORS 167.322;

(b)In the professional judgment of the person receiving the communications, the declarant poses a danger of committing the crime; and

(c)The person receiving the communications makes a report to another person based on the communications.

(2)The provisions of this section do not create a duty to report any communication to any person.

(3)A person who discloses a communication described in subsection

(1)of this section, or fails to disclose a communication described in subsection

(1)of this section, is not liable to any other person in a civil action for any damage or injury arising out of the disclosure or failure to disclose. [2001 c.640 §2; 2007 c.731 §4; 2015 c.265 §3; 2019 c.604 §18]

Note: 40.252 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.