71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1116
 
                           A-Engrossed
 
                         Senate Bill 342
                Ordered by the Senate February 19
          Including Senate Amendments dated February 19
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Attorney General Hardy
  Myers for Department of Justice)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Modifies provisions relating to ability of Department of
Justice to recover amounts paid as crime victims' compensation.
 
                        A BILL FOR AN ACT
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.
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