74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2128
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
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 Oregon:
SECTION 1. { + Sections 9 and 11, chapter 789, Oregon Laws
2003, are repealed. + }
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, Oregon Laws 2003 + }.
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;
Enrolled House Bill 2128 (HB 2128-INTRO) Page 1
(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. + }
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Enrolled House Bill 2128 (HB 2128-INTRO) Page 2
Passed by House February 15, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 26, 2007
...........................................................
President of Senate
Enrolled House Bill 2128 (HB 2128-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2128 (HB 2128-INTRO) Page 4