Chapter 351 Oregon Laws 2003

AN ACT

SB 106

Relating to crime victims’ compensation; amending ORS 147.005, 147.205 and 147.215; and declaring an emergency.

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

SECTION 1. ORS 147.005 is amended to read:

147.005. As used in ORS 135.905 and 147.005 to 147.365 unless the context requires otherwise:

(1) “Applicant” means:

(a) Any victim of a compensable crime who applies to the Department of Justice for compensation under ORS 135.905 and 147.005 to 147.365;

(b) Any person who was a dependent of a deceased victim at the time of the death of that victim;

(d) Any person eligible for compensation under ORS 147.025.

(2) “Board” means the Workers’ Compensation Board.

(3) “Child” means an unmarried person who is under 18 years of age and includes a posthumous child, stepchild or an adopted child.

(4) “Compensable crime” means abuse of corpse in any degree or an intentional, knowing or reckless act that results in serious bodily injury or death of another person and which, if committed by a person of full legal capacity, would be punishable as a crime in this state.

(5) “Dependent” means such relatives of a deceased victim who wholly or partially were dependent upon the victim’s income at the time of death or would have been so dependent but for the victim’s incapacity due to the injury from which the death resulted.

(6) “Department” means the Department of Justice.

(7) “Funeral expenses” means expenses of the funeral, burial, cremation or other chosen method of interment, including plot or tomb and other necessary incidents to the disposition of the remains and also including, in the case of abuse of corpse in any degree, reinterment.

(8) “Injury” means abuse of a corpse or actual bodily harm and, with respect to a victim, includes pregnancy and mental or nervous shock.

(9) “International terrorism” means activities that:

(a) Involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or any state or that would be a criminal violation if committed within the jurisdiction of the United States or of any state;

(b) Appear to be intended to:

(A) Intimidate or coerce a civilian population;

(B) Influence the policy of a government by intimidation or coercion; or

(c) Occur primarily outside the territorial jurisdiction of the United States or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.

(10) “Law enforcement official” means a sheriff, constable, marshal, municipal police officer or member of the Oregon State Police and such other persons as may be designated by law as a peace officer.

(11) “Relative” means a person related to the victim within the third degree as determined by the common law, a spouse, or an individual related to the spouse within the third degree as so determined and includes an individual in an adoptive relationship.

(12) “Survivor” means any spouse, parent, grandparent, guardian, sibling, child or other immediate family member or household member of a deceased victim.

(13) “Victim” means:

(a) A person:

(A) Killed or injured in this state as a result of a compensable crime perpetrated or attempted against that person;

(B) Killed or injured in this state while attempting to assist a person against whom a compensable crime is being perpetrated or attempted, if that attempt of assistance would be expected of a reasonable person under the circumstances;

(C) Killed or injured in this state while assisting a law enforcement official to apprehend a person who has perpetrated a crime or to prevent the perpetration of any such crime, if that assistance was in response to the express request of the law enforcement official;

(D) Killed or injured in another state as a result of a criminal episode that began in this state;

(E) Who is an Oregon resident killed or injured as a result of a compensable crime perpetrated or attempted against the person in a state, within the United States, without a reciprocal crime victims’ compensation program; or

(F) Who is an Oregon resident killed or injured by an act of international terrorism committed outside the United States; or

(b) In the case of abuse of corpse in any degree, the corpse or a relative of the corpse.

SECTION 2. ORS 147.205 is amended to read:

147.205. (1) To carry out the provisions and purposes of ORS 135.905 and 147.005 to 147.365, the Department of Justice [shall have] has the power and duty to:

[(1)] (a) Appoint such employees and agents as it determines are necessary, fix their compensation within the limitations provided by law, and prescribe their duties.

[(2)] (b) Request and obtain from law enforcement agencies, district attorneys, county juvenile departments, the Department of Human Services, the Oregon Youth Authority and the Department of Corrections such assistance and information as will enable the Department of Justice to carry out its functions and duties under ORS 147.005 to 147.365. The Department of Justice may obtain assistance and information under this [subsection] paragraph, notwithstanding any other law relating to the confidentiality or disclosure of records. The Department of Justice:

[(a)] (A) Shall maintain the confidentiality of any privileged or confidential information or records obtained under this [subsection] paragraph;

[(b)] (B) May use the information or records only for the purposes authorized by ORS 147.005 to 147.365; and

[(c)] (C) May not disclose the contents of any privileged or confidential records to any other person or entity.

[(3)] (c) Adopt rules pursuant to ORS 183.310 to 183.550.

[(4)] (d) Direct medical examination of victims.

[(5)] (e) Determine all claims for awards filed with the department pursuant to ORS 135.905 and 147.005 to 147.365, and to reinvestigate or reopen cases as the department deems necessary.

[(6)] (f) Report biennially to the Governor and to the Legislative Assembly on its activities.

(2) Notwithstanding any other law relating to the confidentiality or disclosure of records, when a crime victim applies for compensation under ORS 147.005 to 147.365, a person that provides medical services or supplies or pays the costs of medical services or supplies provided to the crime victim shall provide to the Department of Justice any individually identifiable health information the person has in the person’s possession about the crime victim if:

(a) The department requests the information; and

(b) A release authorizing the surrender has been completed under ORS 147.105 (1)(h).

(3) As used in subsection (2) of this section:

(a) “Pays” includes, but is not limited to, payments made directly or indirectly through settlements, judgments, insurance, Medicaid, other compensation or restitution.

(b) “Person” includes, but is not limited to, health care providers and their agents, insurers and their agents, employers and public bodies as defined in ORS 174.109.

SECTION 3. ORS 147.215 is amended to read:

147.215. (1) The Attorney General shall serve as legal adviser to the Department of Justice for all matters arising under ORS 135.905 and 147.005 to 147.365.

(2) Law enforcement officials and other agencies of the state or local governmental units are authorized to give and shall provide any assistance or information requested by the department under ORS 147.205 [(2)] (1)(b).

SECTION 4. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.

Approved by the Governor June 13, 2003

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

Effective date July 1, 2003

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