75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 218
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)
CHAPTER ................
AN ACT
Relating to crime victims' compensation program benefits;
creating new provisions; and amending ORS 147.035.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 147.035 is amended to read:
147.035. (1) Losses compensable under ORS 135.905 and 147.005
to 147.367 resulting from death or injury to a victim include:
(a) In the case of injury:
(A) Reasonable medical and hospital expenses, including
psychiatric, psychological or counseling expenses and further
including, in cases of:
(i) Child sexual abuse, rape of a child and exploitation
described in ORS 419B.005 (1)(a)(C), (D) or (E), counseling
expenses of the victim's family up to a maximum amount of
$20,000;
(ii) Domestic violence, as defined in ORS 135.230, counseling
expenses of children who witnessed the domestic violence up to a
maximum amount of $10,000; or
(iii) International terrorism, counseling expenses of a
relative of the victim up to a maximum amount of $1,000;
(B) Loss of earnings, not exceeding $400 per week up to a
maximum amount of $20,000;
(C) Rehabilitation up to a maximum amount of $4,000; and
(D) Transportation for medical care and mental health
counseling when the treatment is compensable under this section,
the treatment is provided more than 30 miles away from the
victim's residence and adequate treatment is not available closer
to the victim's residence. Payment will be made at a rate set by
the Department of Justice up to a maximum amount of $3,000.
(b) In the case of death:
(A) Reasonable funeral expenses up to a maximum amount of
$5,000;
(B) Reasonable medical and hospital expenses up to a maximum
amount of $20,000;
(C) Loss of support to the dependents of the victim not
exceeding $400 per week up to a maximum amount of $20,000, less
any amounts paid for loss of earnings;
Enrolled Senate Bill 218 (SB 218-A) Page 1
(D) Reasonable counseling expenses for the survivors of a
deceased victim up to a maximum amount of $20,000 for each
deceased victim; and
(E) Transportation for mental health counseling when the
treatment is compensable under this section, the treatment is
provided more than 30 miles away from the survivor's or
dependent's residence and adequate treatment is not available
closer to the survivor's or dependent's residence. Payment will
be made at a rate set by the Department of Justice up to a
maximum amount of $3,000.
(2) Compensable losses do not include:
(a) Pain and suffering or property damage; or
(b) Aggregate damages to the victim and to the dependents of a
victim exceeding { - $44,000 - } { + $47,000 + }.
(3) Notwithstanding subsections (1) and (2) of this section, in
the case of abuse of corpse in any degree, losses compensable
under ORS 135.905 and 147.005 to 147.367 resulting from the abuse
of the corpse { + may + } include:
(a) Reasonable funeral expenses up to a maximum amount of
$5,000; { + or + } { - and - }
(b) Reasonable counseling expenses for emotional distress up to
a maximum amount of $5,000 for each incident.
{ + (4) If the case against the assailant of the victim is
under direct or collateral review, compensable losses may
include:
(a) Crime-related counseling expenses up to a maximum of
$5,000; or
(b) Other expenses related to the review, including
transportation and lodging necessary for the victim to attend
hearings and oral arguments, up to a maximum of $3,000.
(5) If the assailant of the victim has a parole hearing
scheduled before the State Board of Parole and Post-Prison
Supervision, compensable losses may include:
(a) Crime-related counseling expenses up to a maximum of
$5,000; or
(b) Other expenses related to the hearing, including
transportation and lodging necessary for the victim to attend the
hearing, up to a maximum of $3,000. + }
{ - (4) - } { + (6) + } Except as provided in
{ - subsection (5) - } { + subsections (7) to (10) + }of this
section, a claim for benefits expires and no further payments may
be made with regard to the claim when three years have elapsed
since the entry of a determination order under ORS 147.135 or
when the victim, survivor or dependent attains 21 years of age,
whichever comes later. The extension of benefits and payments
until the victim, survivor or dependent attains 21 years of age
applies to claims filed on or after August 4, 1991.
{ - (5) - } { + (7) + } If the victim has suffered
catastrophic injuries, a claim for benefits and payments may
continue beyond the period described in subsection { - (4) - }
{ + (6) + } of this section. The Department of Justice shall
adopt rules defining catastrophic injuries and establishing the
length of time that a claim for benefits and payments may
continue.
{ + (8) In cases of homicide, a claim for reasonable
counseling expenses for surviving family members may continue
until five years have elapsed from the date of the determination
order.
(9) Claims described in subsection (4) of this section:
Enrolled Senate Bill 218 (SB 218-A) Page 2
(a) May be submitted each time an assailant's case is under
direct or collateral review; and
(b) Do not expire until six months after the completion of the
direct or collateral review.
(10) Claims described in subsection (5) of this section do not
expire until the earlier of six months after the parole hearing
for which the application was submitted or the assailant's
release. + }
{ - (6) - } { + (11) + } The department shall adopt rules
for medical fee schedules. The schedules shall represent at least
the 75th percentile of the usual and customary fees charged to
the public as determined by the department. An applicant or
victim may not be charged for the percentile amount reduced by
the department.
SECTION 2. { + A person is eligible for an award of
compensation under ORS 135.905 and 147.005 to 147.367 if:
(1) The person meets the requirements of ORS 147.015; and
(2) The victim was related to or shared the same household as
the assailant between January 1, 1978, and September 28,
1987. + }
SECTION 3. { + Section 2 of this 2009 Act and the amendments
to ORS 147.035 by section 1 of this 2009 Act apply to
applications for compensation filed on or after the effective
date of this 2009 Act. + }
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Passed by Senate March 10, 2009
Repassed by Senate May 26, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 20, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 218 (SB 218-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 218 (SB 218-A) Page 4