72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 872
Senate Bill 105
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.
Modifies provisions relating to crime victims' assistance.
A BILL FOR AN ACT
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;
(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 - } { + $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;
(c) Assistance in participating in criminal justice
proceedings;
(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.
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