Chapter 411 Oregon Laws 2009

AN ACT

SB 220

Relating to administration of crime victim funds by Department of Justice Crime Victims’ Services Division; amending ORS 147.231 and 147.453.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 147.231 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 ORS 147.397. The grants authorized by this section are in addition to federal Victims of Crime Act [grants that are] grants, federal Violence Against Women Act grants and any other state or federal grants related to serving victims of violent crimes, property crimes and crimes involving fraud or deception, 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, federal Violence Against Women Act grants and any other state or federal grants related to serving victims of violent crimes, property crimes and crimes involving fraud or deception.

          (6) The department shall adopt rules pursuant to ORS chapter 183 to carry out the provisions of this section.

SECTION 2. ORS 147.453 is amended to read:

          147.453. There is established in the State Treasury, separate and distinct from the General Fund, the Oregon Domestic and Sexual Violence Services Fund. All moneys in the fund are continuously appropriated to the Department of Justice and shall be used by the department to carry out a program of domestic and sexual violence services that:

          (1) Provides safety for and assists victims of domestic violence and sexual assault, promotes effective intervention and reduces the incidence of domestic violence and sexual assault;

          (2) Advocates for victims and for domestic violence and sexual assault services; and

          (3) Promotes and facilitates interagency and interdepartmental cooperation among state agencies, including the Department of Human Services [and the Department of State Police], and among different levels of government in this state in the delivery and funding of services.

Approved by the Governor June 18, 2009

Filed in the office of Secretary of State June 18, 2009

Effective date January 1, 2010

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