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 704
 
                         Senate Bill 352
 
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 as
introduced.
 
  Extends period during which claim for benefits and payments may
be made when victim of crime suffers catastrophic injuries.
 
                        A BILL FOR AN ACT
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.
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