Chapter 23
AN ACT
HB 2128
Relating to Sexual Assault Victims’ Emergency Medical Response Fund;
amending ORS 147.225 and 147.231 and section 8, chapter 789, Oregon Laws 2003;
repealing sections 9 and 11, chapter 789, Oregon Laws 2003; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1. Sections 9 and 11, chapter 789,
SECTION 2. ORS 147.225, as amended by section 6, chapter
789, Oregon Laws 2003, is amended to read:
147.225. There is
established the Criminal Injuries Compensation Account. All moneys in the
account are continuously appropriated for and may be used by the Department of
Justice for the purposes authorized in ORS 135.905 and 147.005 to 147.367
and section 2, chapter 789,
SECTION 3. ORS 147.231, as amended by section 7, chapter
789, Oregon Laws 2003, 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 and of providing the funds deemed necessary by
the Attorney General to comply with section 2, chapter 789, Oregon Laws 2003.
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;
(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 chapter 183 to carry out the provisions of this
section.
SECTION 4. Section 8, chapter 789, Oregon Laws 2003, is
amended to read:
Sec.
8. No later than March 1, [2005]
2009, the Attorney General shall submit to the Legislative Assembly a
report on the operation of the Sexual Assault Victims’ Emergency Medical
Response Fund through January 31, [2005]
2009. The Attorney General shall include in the report:
(1) The dollar amount of
each claim submitted to the fund;
(2) The dollar amount
paid on each submitted claim and the reason for any partial payment or
nonpayment of a claim;
(3) The dollar amount
and source of gifts, grants and donations to the fund; and
(4) Recommendations, if
any, for legislation to improve the operation of the fund.
SECTION 5. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor April 9, 2007
Filed in the office of Secretary of State April 9, 2007
Effective date April 9, 2007
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