Chapter 24
AN ACT
HB 2130
Relating to Criminal Injuries Compensation Account; amending ORS
147.227; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 147.227, as amended by section 7, chapter 700, Oregon Laws 2005, is amended
to read:
147.227. (1) The
Attorney General or the Attorney General’s designee shall disburse [up to one-half of the] a portion of the
moneys that the Criminal Injuries Compensation Account receives from the
Criminal Fine and Assessment Account to counties and cities where prosecuting
attorneys maintain comprehensive victims’ assistance programs approved by the
Attorney General or the Attorney General’s designee. Those counties and cities
shall provide the moneys to the prosecuting attorney therein to be used
exclusively for the comprehensive victims’ assistance program. Pursuant to
consultation with a three member advisory committee, which the Attorney General
shall establish administratively, and which shall consist of a representative
from the Attorney General’s Office, the Oregon District Attorneys Association
and a prosecutor’s victim assistance program, the Attorney General shall adopt
rules for equitable distribution of these moneys among participating counties
and cities.
(2) To qualify for
approval under this section, a comprehensive victims’ assistance program [shall] may not restrict services
only to victims or witnesses of a particular type of crime, but shall provide
services to victims and witnesses generally. The program must also, in the
determination of the Attorney General or the Attorney General’s designee,
substantially accomplish the following:
(a) Provide
comprehensive services to victims and witnesses of all types of crime with
particular emphasis on serious crimes against persons and property, including,
but not limited to:
(A) Informing victims
and witnesses of their case status and progress;
(B) Performing advocate
duties for victims within the criminal justice system;
(C) Assisting victims in
recovering property damaged or stolen and in obtaining restitution or
compensation for medical and other expenses incurred as a result of the
criminal act;
(D) Preparing victims
for pending court hearings by informing them of procedures involved;
(E) Accompanying victims
to court hearings;
(F) Involving victims,
when possible, in the decision-making process in the criminal justice system;
(G) Assisting victims in
obtaining the return of property held as evidence;
(H) Assisting victims
with personal logistical problems related to court appearances; and
(I) Developing community
resources to assist victims of crime;
(b) Be administered by
the district attorney of the county or city attorney of the city;
(c) Assist victims of
crimes in the preparation and presentation of claims against the Criminal
Injuries Compensation Account; and
(d) Generally encourage
and facilitate testimony by victims of and witnesses to criminal conduct.
(3) If a proposed
victims’ assistance program, although not substantially comprising all elements
described in subsection (2) of this section, nevertheless comprises a
significant portion thereof and if, in the determination of the Attorney
General or the Attorney General’s designee thereof, it would not be practicable
at the current time for the district attorney or city attorney to establish a
more comprehensive program, the Attorney General or the Attorney General’s
designee thereof may qualify the program under this section on a temporary
basis and subject to such conditions as the Attorney General or the designee
shall impose upon the program.
SECTION 2. 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 July 1, 2007.
Approved by the Governor April 9, 2007
Filed in the office of Secretary of State April 9, 2007
Effective date July 1, 2007
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