Experts and advocates push HB 2641 to let judges balance prior-conviction impeachment; prosecutors oppose change

The House Judiciary Committee heard substantive testimony Feb. 26 on House Bill 2641, a proposal to change when prior criminal convictions can be used to impeach a witness’s credibility at trial. The bill would replace Oregon’s current mandatory-admission rule with a judicial balancing test similar to the federal rule of evidence allowing judges to exclude prior convictions when their prejudicial effect substantially outweighs probative value.

Representative Willie Choateson, who discussed the bill in committee, said the measure is intended to promote accuracy, fairness and access to justice. He and supporters said Oregon’s current rule — which permits felony convictions within 15 years to be used to impeach witness credibility without judicial balancing — discourages victims, defendants and third-party witnesses from…