Chapter 383 Oregon Laws 2001

AN ACT

SB 352

Relating to time limits for crime victims’ compensation claims; amending ORS 147.035.

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

SECTION 1. ORS 147.035 is amended to read:

147.035. (1) Losses compensable under ORS 135.905 and 147.005 to 147.365 resulting from death or injury to a victim include:

(a) In the case of injury:

(A) Reasonable medical and hospital expenses, including psychiatric, psychological or counseling expenses and further including, in cases of:

(i) Child sexual abuse, rape of a child and exploitation described in ORS 419B.005 (1)(a)(C), (D) or (E), counseling expenses of the victim’s family up to a maximum amount of $20,000; or

(ii) Domestic violence, as defined in ORS 135.230, counseling expenses of children who witnessed the domestic violence up to a maximum amount of $10,000;

(B) Loss of earnings, not exceeding $400 per week up to a maximum amount of $20,000;

(C) Rehabilitation up to a maximum amount of $4,000; and

(D) Transportation for medical care and mental health counseling when the treatment is compensable under this section, the treatment is provided more than 30 miles away from the victim’s residence and adequate treatment is not available closer to the victim’s residence. Payment will be made at a rate set by the Department of Justice up to a maximum amount of $3,000.

(b) In the case of death:

(A) Reasonable funeral expenses up to a maximum amount of $3,500;

(B) Reasonable medical and hospital expenses up to a maximum amount of $20,000;

(C) Loss of support to the dependents of the victim not exceeding $400 per week up to a maximum amount of $20,000, less any amounts paid for loss of earnings;

(D) Reasonable counseling expenses for the survivors of a deceased victim up to a maximum amount of $20,000 for each deceased victim; and

(E) Transportation for mental health counseling when the treatment is compensable under this section, the treatment is provided more than 30 miles away from the victim’s residence and adequate treatment is not available closer to the victim’s residence. Payment will be made at a rate set by the Department of Justice up to a maximum amount of $3,000.

(2) Compensable losses do not include:

(a) Pain and suffering or property damage; or

(b) Aggregate damages to the victim and to the dependents of a victim exceeding $44,000.

(3) Notwithstanding subsections (1) and (2) of this section, in the case of abuse of corpse in any degree, losses compensable under ORS 135.905 and 147.005 to 147.365 resulting from the abuse of the corpse include:

(a) Reasonable funeral expenses up to a maximum amount of $3,500; and

(b) Reasonable counseling expenses for emotional distress up to a maximum amount of $5,000 for each incident.

(4) Except as provided in subsection (5) of this section, a claim for benefits expires and no further payments shall be made with regard to the claim when three years have elapsed since the entry of a determination order under ORS 147.135 or when the victim attains 21 years of age, whichever comes later. The extension of benefits and payments until the victim attains 21 years of age applies to claims filed on or after August 4, 1991.

(5) If the victim has suffered catastrophic injuries, a claim for benefits and payments may continue beyond the period described in subsection (4) of this section. The Department of Justice shall adopt rules defining catastrophic injuries and establishing the length of time that a claim for benefits and payments may continue.

[(5)] (6) The department [of Justice] shall adopt rules for medical fee schedules. The schedules shall represent at least the 75th percentile of the usual and customary fees charged to the public as determined by the department. An applicant or victim may not be charged for the percentile amount reduced by the department.

Approved by the Governor June 15, 2001

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

Effective date January 1, 2002

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