74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1004
 
                         House Bill 2130
 
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)
 
 
                             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.
 
  Removes limitation on proportion of Criminal Fine and
Assessment Account appropriation that Criminal Injuries
Compensation Account may disburse to county or city comprehensive
victims' assistance programs.
  Declares emergency, effective July 1, 2007.
 
                        A BILL FOR AN ACT
Relating to Criminal Injuries Compensation Account; amending ORS
  147.227; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  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. + }
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