In 2021, legislation to reform discovery procedures (SB 751) passed the Oregon state legislature and was signed into law. The bill modifies the definition of “disclose” for purposes of providing discovery and requires the district attorney to provide exculpatory evidence to the defendant, regardless of whether the information is in writing or recorded. The bill also specifies that copies of required materials must be provided to a defendant by the district attorney unless a copy cannot be reasonably provided. Under the bill, defendants must be allowed to inspect, photograph, and conduct independent testing of tangible physical evidence. NACDL assisted the Oregon Criminal Defense Lawyers Association (OCDLA), an NACDL affiliate, by identifying criminal discovery trends in other states, as well as a breakdown of major provisions in other state discovery rules and/or statutes.
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