Chapter 922 Oregon Laws 1999

Session Law

AN ACT

HB 2258

Relating to crime victims' assistance; amending ORS 147.035; limiting expenditures; and declaring an emergency.

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 147.365 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; or

(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;

(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 $3,500;

(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;

(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 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.

(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.

(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 147.365 resulting from the abuse of the corpse include:

(a) Reasonable funeral expenses up to a maximum amount of $3,500; and

(b) Reasonable counseling expenses for emotional distress up to a maximum amount of $5,000 for each incident.

(4) A claim for benefits expires and no further payments shall 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 attains 21 years of age, whichever comes later. The extension of benefits and payments until the victim attains 21 years of age applies to claims filed on or after August 4, 1991.

(5) The Department of Justice 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. Notwithstanding any other law limiting expenditures, the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Department of Justice, as established by section 2, chapter 268, Oregon Laws 1999 (Enrolled Senate Bill 5520), is increased by $336,834.

SECTION 3. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect July 1, 1999.

Approved by the Governor August 2, 1999

Filed in the office of Secretary of State August 2, 1999

Effective date August 2, 1999

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