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 701
 
                           A-Engrossed
 
                         Senate Bill 353
                 Ordered by the Senate April 26
           Including Senate Amendments dated April 26
 
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.
 
    { - Excludes consideration of crime victim's conduct
contributing to crime victim's death in determining
compensation. - }
   { +  Gives Department of Justice discretion to reduce or deny
compensation to crime victim or victim's family based upon
victim's conduct. + }
 
                        A BILL FOR AN ACT
Relating to eligibility for crime victims' compensation; amending
  ORS 147.125.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 147.125 is amended to read:
  147.125. (1) In determining the amount of compensation for
which an applicant is eligible, the Department of Justice shall
consider the facts stated on the application filed pursuant to
ORS 147.105, and:
  (a) Need not consider whether or not the alleged assailant has
been apprehended or brought to trial or the result of any
criminal proceedings against that person;
  (b) Shall determine the amount of the loss to the applicant
and, in the case of a deceased victim, of the victim's survivors
or dependents as determined under ORS 147.035;
  (c) Shall determine the degree or extent to which the victim's
acts or conduct   { - provoked or - }  contributed to the
injuries or death of the victim, and   { - shall - }
 { + may + } reduce or deny the award of compensation
accordingly. However, the department may disregard for this
purpose the responsibility of the victim for the injury of the
victim where the record shows that such responsibility was
attributable to efforts by the victim to prevent a crime or an
attempted crime from occurring in the presence of the victim or
to apprehend a person who had committed a crime in the presence
of the victim;
 
  (d) Except as provided in paragraph (e) of this subsection,
shall deduct the amount of benefits, payments or awards that are
payable under the Workers' Compensation Law, from local
governmental, state or federal funds or from any source, and that
the victim or survivors or dependents of the victim have received
or to which the victim or survivors or dependents of the victim
are entitled as a result of the death or injury of the victim;
  (e) Shall not deduct the amount of proceeds from life insurance
or contributions from the community that the survivors or
dependents of the victim have received or to which the survivors
or dependents of the victim are entitled as a result of the death
of the victim;
  (f) Shall consider the amount of money available for victim
compensation awards as provided in the current biennial
department budget approved by the Legislative Assembly or the
Emergency Board, and the anticipated claims against that money;
and
  (g) Shall award the resultant amount to the applicant as
provided in ORS 147.165.
  (2) In determining the amount of an award to be made to an
applicant, the department may consider the number and type of
claims filed and anticipated to be filed with the department
during the current biennial budget period. If the department
determines that insufficient funds will be available during the
current biennial budget period to pay all filed and anticipated
awards, it may prioritize claims or prorate awards based upon the
anticipated available funds. The department's decision to
prioritize or prorate claims or awards is not subject to
administrative or judicial review, including review under ORS
147.155.
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