OregonHB 41572026 Regular SessionHouse

Relating to hearsay; and prescribing an effective date.

Sponsored By: Kathleen Taylor (Democratic), Thuy Tran (Democratic)

Became Law

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 8 benefits, 0 costs, 0 mixed.

24-hour window for victim statements

Courts admit a domestic violence victim’s recorded statement made within 24 hours after the incident, or one given to listed officials, when it is reliable. Courts also admit a victim’s reliable statement about certain commercial sex crimes made within 24 hours before or after the act, if recorded or given to listed officials. Judges weigh timing, corroboration, leading questions, and other listed reliability factors.

Business and public records easier to use

Courts admit business records made near the time of events by someone with knowledge, and they allow proof that something did not happen when it is missing from regular records. Courts also admit official public records and vital records, and let parties prove a public record does not exist with a proper certification or testimony. Police observations in criminal cases are excluded from the public‑records path, and any record can be kept out if it is untrustworthy.

Catchall hearsay rule and start date

Courts can admit other reliable statements not listed if the statement is relevant, more useful than other available proof, and admission serves justice, after advance notice with the declarant’s details. Beginning the 91st day after the 2026 regular session ends, these amended rules apply to statements offered on or after that date.

Clearer rules for personal statements in court

Oregon courts now admit more everyday statements when they are reliable. This includes excited utterances made under stress, statements about a person’s current feelings, plans, or condition, and statements made to get medical diagnosis or treatment. A past note or record can be read to the jury when a witness once knew the facts but cannot remember now, as long as it was made when the memory was fresh and was accurate.

Family property and history records admitted

Courts admit family‑history facts from religious records, family Bibles, rings, portraits, urns, crypts, and tombstones. Certificates that an officiant performed a marriage or similar act are admissible if issued at the time or soon after. Recorded property documents and statements relevant to those documents are admissible, as are documents 20 years or older with proven authenticity and widely relied‑on market compilations. Courts also admit reputation about family history, land boundaries, and community history, and allow certain final criminal judgments or prior judgments to prove essential historical or boundary facts.

Law-enforcement data and lab reports admitted

Documents pulled from the Oregon State Police data systems are admissible when the retriever attests they came directly from the system and are accurate. Electronically signed OSP data are admissible when the recipient attests accuracy. In criminal cases, a defendant can subpoena the analyst who made or keeps the original document without charge except as set by law. A forensic scientist’s report of a presumptive test is admissible when the scientist attests it matches the test results.

More abuse statements allowed with safeguards

Courts admit proof that a witness made a complaint about sexual misconduct or abuse, mainly to show that the complaint was made. A statement describing abuse or sexual misconduct can be used to prove the act when the speaker testifies, or when the speaker is unavailable and was under 12 or at least 65 when they spoke, and the court finds it reliable. Judges must check reliability using listed factors, can examine the person in chambers on the record before trial, and must see 15 days’ advance notice before trial unless there is good cause. The law clarifies when someone is “unavailable,” including serious memory loss, present incompetence, fear, or likely lasting severe trauma shown by expert testimony.

Remote testimony for children and disabled

A child under 12 or a person with a developmental disability may testify from another room by live video when an expert shows that open‑court testimony is likely to cause severe emotional or psychological harm. The judge supervises the testimony. Only the judge, lawyers, parties, needed equipment operators, and any person the court approves for the witness’s welfare may be present.

Sponsors & Cosponsors

Cosponsors

Anna Scharf
Republican • House
Annessa Hartman
Democratic • House
April Dobson
Democratic • House
Bobby Levy
Republican • House
Christine Drazan
Republican • Senate
Court Boice
Republican • House
Courtney Neron Misslin
Democratic • Senate
Cyrus Javadi
Democratic • House
Darcey Edwards
Republican • House
David Brock Smith
Republican • Senate
Deb Patterson
Democratic • Senate
Emerson Levy
Democratic • House
Floyd Prozanski
Democratic • Senate
James Manning Jr.
Democratic • Senate
Jeff Golden
Democratic • Senate
Kevin Mannix
Republican • House
Kim Thatcher
Republican • Senate
Lamar Wise
Democratic • House
Lew Frederick
Democratic • Senate
Mark Gamba
Democratic • House
Matt Bunch
Republican • House
Rick Lewis
Republican • House
Sarah McDonald
Democratic • House
Shannon Isadore
Democratic • House
Shelly Boshart Davis
Republican • House
Sue Rieke Smith
Democratic • House
Susan McLain
Democratic • House
Tom Andersen
Democratic • House
Travis Nelson
Democratic • House
Willy Chotzen
Democratic • House
Wlnsvey Campos
Democratic • Senate
Zach Hudson
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 94 • No: 2

Senate vote • 3/3/2026

Third reading. Carried by Taylor. Passed.

Yes: 29 • No: 0

Senate vote • 2/25/2026

Judiciary: Heard and Reported Out

Yes: 6 • No: 0

House vote • 2/19/2026

Third reading. Carried by Tran. Passed.

Yes: 52 • No: 1

House vote • 2/16/2026