Chapter 349 Oregon Laws 2003

AN ACT

SB 105

Relating to crime victims’ assistance; amending ORS 147.035 and 147.231.

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; or

(iii) International terrorism, counseling expenses of a relative of the victim up to a maximum amount of $1,000;

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

(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] $5,000;

(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] survivor’s or dependent’s residence and adequate treatment is not available closer to the [victim’s] survivor’s or dependent’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] $5,000; 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] may 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, survivor or dependent attains 21 years of age, whichever comes later. The extension of benefits and payments until the victim, survivor or dependent 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.

(6) The department 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.

SECTION 2. ORS 147.231 is amended to read:

147.231. (1) Subject to the availability of sufficient funds in the Criminal Injuries Compensation Account, the Attorney General or the Attorney General’s designee may make grants from the Criminal Injuries Compensation Account to eligible public or private nonprofit agencies that provide services to victims of violent crimes, property crimes and crimes involving fraud and deception. The Attorney General may not make grants unless there are sufficient funds in the Criminal Injuries Compensation Account to satisfy both the projected compensation claims of victims of violent crimes and the anticipated costs of complying with ORS 147.227. The grants authorized by this section are in addition to federal Victims of Crime Act grants that are administered by the Attorney General or the Attorney General’s designee.

(2) Funds distributed under this section may be used only for services to victims of violent crimes, property crimes and crimes involving fraud and deception and may not be used to replace funds otherwise available for services to victims of crime.

(3) As used in this section, “services” includes, but is not limited to:

(a) Crisis intervention services;

(b) Providing, in an emergency, transportation to court, short-term child care, temporary housing and security measures;

(d) Preparation, publication and distribution of materials that inform victims of violent crimes, property crimes and crimes involving fraud and deception of the services that are available; [and]

(e) Salaries of persons who provide direct services to victims of violent crimes, property crimes and crimes involving fraud and deception to the extent that the persons provide the services; and

(f) Counseling for victims of property crimes and crimes involving fraud and deception.

(4) Applicants for grants under subsection (1) of this section shall:

(a) Certify that priority will be given to providing assistance to victims of violent crimes including, but not limited to, victims of sexual assault, domestic violence and child abuse; and

(b) Provide any information and assurances that the Department of Justice may require.

(5) The Attorney General or the Attorney General’s designee may administer the grants authorized by this section concurrently with the administration of the federal Victims of Crime Act grants.

(6) The department shall adopt rules pursuant to ORS 183.310 to 183.550 to carry out the provisions of this section.

Approved by the Governor June 13, 2003

Filed in the office of Secretary of State June 13, 2003

Effective date January 1, 2004

__________