72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 106
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)
CHAPTER ................
AN ACT
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;
(c) Any person who is a survivor of a deceased victim; or
(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:
Enrolled Senate Bill 106 (SB 106-INTRO) Page 1
(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) Affect the conduct of a government by assassination or
kidnapping; and
(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
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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. + }
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Enrolled Senate Bill 106 (SB 106-INTRO) Page 3
Passed by Senate February 12, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 28, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 106 (SB 106-INTRO) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 106 (SB 106-INTRO) Page 5