75th OREGON LEGISLATIVE ASSEMBLY--2009 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 863
 
                         Senate Bill 212
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (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.
 
  Modifies method by which Attorney General provides moneys to
victims' assistance programs.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to administration of Criminal Fine and Assessment
  Account funding for victims' assistance programs; amending ORS
  147.227; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 147.227 is amended to read:
  147.227. (1) The Attorney General   { - or the Attorney
General's designee - }  shall disburse 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 - } .  { + Upon receipt of the
moneys, the + }   { - those - }  counties and cities shall
provide the moneys to the prosecuting attorney therein to be used
exclusively for the   { - comprehensive - }  { +  approved + }
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 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. - }
   { +  (2) To qualify for approval by the Attorney General under
this section, a victims' assistance program must:
  (a) Be administered by the district attorney of the county or
city attorney of the city;
  (b) Provide services to victims of all crimes;
  (c) Give service priority to victims of serious crimes against
persons;
  (d) Collaborate with community-based and government agencies to
benefit victims; and
  (e) Provide the following core services to victims of crime:
  (A) Inform victims, as soon as practicable, of the rights
granted to victims under Oregon law.
  (B) Advocate for victims of serious person crimes as they move
through the criminal justice system and advocate, when requested,
for all other victims of crime.
  (C) Involve victims, when practicable or legally required, in
the decision-making process in the criminal justice system.
  (D) Ensure that victims are informed, upon request, of the
status of the criminal case involving the victim.
  (E) Assist victims in preparing and submitting crime victims'
compensation program claims to the Department of Justice under
ORS 147.005 to 147.367.
  (F) Assist victims in preparing restitution documentation for
purposes of obtaining a restitution order.
  (G) Prepare victims for court hearings by informing them of the
procedures involved.
  (H) Assist victims with the logistics related to court
appearances when practicable and requested.
  (I) Accompany victims to court hearings when practicable and
requested.
  (J) Encourage and facilitate victims' testimony.
  (K) Inform victims of the processes necessary to request the
return of property held as evidence.
  (3) If a victims' assistance program substantially complies
with subsection (2) of this section and the Attorney General
determines that it would be impracticable for the program to
achieve full compliance, the Attorney General may approve the
program on a temporary basis, subject to conditions the Attorney
General deems appropriate.
  (4) The Attorney General shall adopt administrative rules:
  (a) Establishing criteria for the equitable distribution of
moneys disbursed under subsection (1) of this section among
participating cities and counties; and
  (b) Establishing an advisory committee to provide consultation
on the distribution of the moneys. The advisory committee shall
consist of at least the following members:
  (A) A representative of the Department of Justice;
  (B) A representative of the Oregon District Attorneys
Association; and
  (C) A representative of a prosecuting attorney's victim
assistance program.
  (5) As used in this section, 'Attorney General' includes a
designee of the Attorney General. + }
  SECTION 2. { +  This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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