Chapter 371 Oregon Laws 2001

AN ACT

SB 342

Relating to recovery of crime victims’ compensation payments; amending ORS 147.345.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 147.345 is amended to read:

147.345. (1) The acceptance of an award made pursuant to ORS 135.905 and 147.005 to 147.365 shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant or recipient against the assailant or any other person or entity liable for the injury constituting the basis for the award.

(2)(a) On behalf of the state, the Department of Justice may bring suit against an assailant [for money damages, but] to recover the amount of compensation paid to an applicant or recipient of an award made pursuant to ORS 135.905 and 147.005 to 147.365 as a result of the assailant’s commission of a compensable crime. Before initiating a suit under this subsection, the Department of Justice must [first] notify the applicant or recipient [of an award and give the applicant or recipient an opportunity to participate in the prosecution of the suit] that the Department of Justice is going to initiate a suit. A suit under this subsection does not affect any right or right of action accruing to the applicant or recipient against the assailant for the injury constituting the basis for the award, except that the assailant may be able to offset payments made to the Department of Justice against any award to the applicant or recipient for the same damages. The assailant also may offset any payments the assailant has made to the applicant or recipient for the same damages against any recovery by the Department of Justice under this subsection.

(b) [The excess of the amount recovered in any such suit over the amount of the award under ORS 135.905 and 147.005 to 147.365 plus costs of suit and attorney fees actually incurred shall be paid to the applicant or recipient of the award] In a suit under this subsection, the Department of Justice may recover attorney fees and costs of suit.

(c) Each separate payment of compensation under ORS 135.905 and 147.005 to 147.365 creates a cause of action under this subsection.

(3) Any settlement of a right or right of action against the assailant or any other person or entity by the victim or the dependent of the victim based on the compensable crime must be approved by the Department of Justice if the department has made an award to the victim or the dependent of the victim. If the settlement is not approved by the department, the department may void the settlement.

Approved by the Governor June 14, 2001

Filed in the office of Secretary of State June 15, 2001

Effective date January 1, 2002

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