Chapter 147 — Victims
of Crime and Acts of Mass Destruction
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
2011 EDITION
VICTIMS OF CRIME & ACTS OF MASS
DESTRUCTION
PROCEDURE IN CRIMINAL MATTERS GENERALLY
COMPENSATION OF CRIME VICTIMS
(General Provisions)
147.005 Definitions
147.015 Eligibility
for compensation; generally
147.025 Eligibility
of person not victim or survivor or dependent of deceased victim
147.035 Compensable
losses; rules
147.045 Notification
of district attorney upon filing of compensation claim; deferral of
compensation proceedings; emergency awards
147.055 Emergency
awards; amount; effect on final award
147.065 Limitation
on time for commencing action for compensable crime
(Compensation Procedure)
147.105 Application
for compensation; contents; additional information or materials; amended
applications; effect of criminal conviction of applicant
147.115 Confidentiality
of application information; board proceedings; use of record; witnesses before
board
147.125 Determining
amount of compensation; deduction of other benefits
147.135 Processing
compensation application; order; contents
147.145 Review
of order; reconsideration; notice to applicant
147.155 Appeal
to Workers’ Compensation Board; hearing; record; evidence considered; board
determination not subject to further review
147.165 Payment
of awards; awards to minors and incompetents
(Administrative Provisions)
147.205 Authority
of Department of Justice; assistance from other agencies; examination of
victims; reports to Governor and Legislative Assembly; rules
147.215 Attorney
General as legal adviser to department; assistance by governmental agencies
147.225 Criminal
Injuries Compensation Account
147.227 Disbursement
of moneys to be used for victims’ assistance programs; qualifications; rules
147.231 Disbursement
of moneys to provide services to victims of crimes; rules
147.240 Department
of Justice to submit claims to account for payment of awards
147.245 Disposition
of moneys recovered from assailant; disposition of gifts or grants
147.255 Recovery
of moneys paid on fraudulent claims; recovery of fees
147.275 Proceeds
of compensable crime; escrow account for benefit of victims; notice;
distribution; hearing; definitions; rules
(Recovery of Assistance)
147.281 Definitions
147.283 Notice
to Department of Justice of claim or action to enforce claim for injuries
147.285 Creation
of lien
147.287 Perfection
of lien
147.289 Notice
of lien; form
147.292 Notice
of amount of judgment, settlement or compromise
147.294 Liability
of person making payment after notice of lien is recorded
147.296 Action
for failure to provide notice
147.298 Where
action may be initiated
(Miscellaneous Provisions)
147.305 Effect
of criminal conviction on compensation proceedings
147.315 Charging
fees to applicants prohibited
147.325 Compensation
not subject to assignment or legal process prior to receipt by beneficiary
147.335 Compensation
rights not to survive beneficiary; death of beneficiary after filing of
application
147.345 State
subrogated to rights accruing to beneficiary; suit by state against assailant;
disposition of proceeds; settlement
147.365 Law
enforcement agencies to inform crime victims of compensation procedure;
agencies not civilly liable for failure to comply
SERVICES TO VICTIMS OF ACTS OF MASS
DESTRUCTION
147.367 Services
to victims of acts of mass destruction; Department of Justice
PAYMENT OF COSTS OF MEDICAL ASSESSMENT
(Child Abuse Medical Assessment)
147.390 Payment
of expenses by department
147.391 Limitation
on obligation of Criminal Injuries Compensation Account under ORS 147.390
(Sexual Assault Medical Assessment)
147.395 Definitions
147.397 Payment
of costs; form; provider reimbursement
147.399 Sexual
Assault Victims’ Emergency Medical Response Fund
SEXUAL ASSAULT RESPONSE
147.401 Sexual
assault response teams
147.403 Policies,
guidelines and training requirements for providers of medical care to sexual
assault patients
CRIME VICTIMS’ RIGHTS
147.405 Short
title
147.410 Purpose
147.415 Severability
147.417 Victim
to be notified of constitutional rights
147.419 Authority
of victim to obtain copy of transcript or tape of criminal proceeding
147.421 Information
about defendant that public body is required to provide to victim
147.425 Personal
representative
147.430 Speedy
trial
147.433 Rights
afforded upon request; notice; attendance; protection
147.438 Habeas
corpus proceedings in federal court
OREGON DOMESTIC AND SEXUAL VIOLENCE
SERVICES FUND
147.450 Definitions
147.453 Oregon
Domestic and Sexual Violence Services Fund
147.456 Plan
for allocation of funds; Department of Justice
147.459 Considerations
in developing plan
147.462 Limits
on expenditures from fund
147.465 Grantmaking;
rules
147.468 Authority
of Department of Justice
147.471 Advisory
council
EFFECTUATION OF CRIME VICTIMS’
CONSTITUTIONAL RIGHTS
147.500 Definitions
147.502 General
provisions
147.504 Scope
147.508 Reconsideration
of release decision
147.510 Critical
stage of criminal proceeding; notice to court
147.512 Plea
hearings, sentencing hearings and settlement conferences
147.515 Claims
147.517 Notice;
order to show cause; response
147.520 Resolution
of claim when response not filed
147.522 Issue
that will have impact on trial; challenge to designation as victim or victim’s
presence at trial
147.525 Rescheduling
matters affected by claim, response or motion
147.530 Hearing
on claim, response or motion; order
147.533 Waiver
of remedy
147.535 Appeals
generally
147.537 Appellate
review as matter of right; notice of interlocutory appeal; service; response
147.539 Discretionary
review
147.542 Stay
pending appeal
147.545 Attorney
General certification; intervention
147.550 Establishment
of requirements and procedures by Chief Justice by rule or order
147.575 Recommendations
for achieving full compliance with victims’ rights laws; model rules,
procedures or policies
COMPENSATION OF CRIME VICTIMS
(General Provisions)
147.005 Definitions.
As used in ORS 147.005 to 147.367 unless the context requires otherwise:
(1)
“Applicant” means:
(a)
Any victim of a compensable crime who applies to the Department of Justice for
compensation under ORS 147.005 to 147.367;
(b)
Any person who was a dependent of a deceased victim at the time of the death of
that victim;
(c)
Any person who is a survivor of a deceased victim; or
(d)
Any person eligible for compensation under ORS 147.025.
(2)
“Board” means the Workers’ Compensation Board.
(3)
“Child” means an unmarried person who is under 18 years of age and includes a
posthumous child, stepchild or an adopted child.
(4)
“Compensable crime” means abuse of corpse in any degree or an intentional,
knowing, reckless or criminally negligent act that results in serious bodily
injury or death of another person and that, if committed by a person of full
legal capacity, would be punishable as a crime in this state.
(5)
“Counseling” has the meaning given that term by the department by rule.
(6)
“Dependent” means such relatives of a deceased victim who wholly or partially
were dependent upon the victim’s income at the time of death or would have been
so dependent but for the victim’s incapacity due to the injury from which the
death resulted.
(7)
“Department” means the Department of Justice.
(8)
“Funeral expenses” means expenses of the funeral, burial, cremation or other
chosen method of interment, including plot or tomb and other necessary
incidents to the disposition of the remains and also including, in the case of
abuse of corpse in any degree, reinterment.
(9)
“Injury” means abuse of a corpse or actual bodily harm and, with respect to a
victim, includes pregnancy and mental or nervous shock.
(10)
“International terrorism” means activities that:
(a)
Involve violent acts or acts dangerous to human life that are a violation of
the criminal laws of the United States or any state or that would be a criminal
violation if committed within the jurisdiction of the United States or of any
state;
(b)
Appear to be intended to:
(A)
Intimidate or coerce a civilian population;
(B)
Influence the policy of a government by intimidation or coercion; or
(C)
Affect the conduct of a government by assassination or kidnapping; and
(c)
Occur primarily outside the territorial jurisdiction of the United States or
transcend national boundaries in terms of the means by which they are
accomplished, the persons they appear intended to intimidate or coerce, or the
locale in which their perpetrators operate or seek asylum.
(11)
“Involved in the hearing” and “involved in the oral argument” have the meaning
given those terms by the department by rule.
(12)
“Law enforcement official” means a sheriff, constable, marshal, municipal
police officer or member of the Oregon State Police and such other persons as
may be designated by law as a peace officer.
(13)
“Relative” means a person related to the victim within the third degree as
determined by the common law, a spouse, or an individual related to the spouse
within the third degree as so determined and includes an individual in an
adoptive relationship.
(14)
“Survivor” means any spouse, parent, grandparent, guardian, sibling, child or
other immediate family member or household member of a deceased victim.
(15)
“Victim” means:
(a)
A person:
(A)
Killed or injured in this state as a result of a compensable crime perpetrated
or attempted against that person;
(B)
Killed or injured in this state while attempting to assist a person against
whom a compensable crime is being perpetrated or attempted, if that attempt of
assistance would be expected of a reasonable person under the circumstances;
(C)
Killed or injured in this state while assisting a law enforcement official to
apprehend a person who has perpetrated a crime or to prevent the perpetration
of any such crime, if that assistance was in response to the express request of
the law enforcement official;
(D)
Killed or injured in another state as a result of a criminal episode that began
in this state;
(E)
Who is an Oregon resident killed or injured as a result of a compensable crime
perpetrated or attempted against the person in a state, within the United
States, without a reciprocal crime victims’ compensation program; or
(F)
Who is an Oregon resident killed or injured by an act of international
terrorism committed outside the United States; or
(b)
In the case of abuse of corpse in any degree, the corpse or a relative of the
corpse. [1977 c.376 §1; 1985 c.552 §4; 1987 c.770 §1; 1989 c.542 §1; 1993 c.294
§7; 1997 c.289 §1; 2003 c.351 §1; 2011 c.125 §5]
147.010
[Amended by 1973 c.32 §1; renumbered 133.743]
147.015 Eligibility for compensation;
generally. A person is eligible for an award of
compensation under ORS 147.005 to 147.367 if:
(1)
The person is a victim, or is a survivor or dependent of a deceased victim, of
a compensable crime that has resulted in or may result in a compensable loss;
(2)
The appropriate law enforcement officials were notified of the perpetration of
the crime allegedly causing the death or injury to the victim within 72 hours
after its perpetration, unless the Department of Justice finds good cause
exists for the failure of notification;
(3)
The applicant has cooperated fully with law enforcement officials in the
apprehension and prosecution of the assailant or the department has found that
the applicant’s failure to cooperate was for good cause;
(4)
The application for compensation is not the result of collusion between the
applicant and the assailant of the victim;
(5)
The death or injury to the victim was not substantially attributable to the
wrongful act of the victim or substantial provocation of the assailant of the
victim; and
(6)
The application for an award of compensation under ORS 147.005 to 147.367 is
filed with the department:
(a)
Within one year of the date of the injury to the victim; or
(b)
Within such further extension of time as the department for good cause shown,
allows. [1977 c.376 §3; 1987 c.770 §2; 1989 c.542 §2; 1991 c.862 §2; 1997 c.288
§1; 2011 c.125 §3]
147.020
[Renumbered 133.747]
147.025 Eligibility of person not victim
or survivor or dependent of deceased victim. (1)
Notwithstanding that a person is not a victim or a dependent of a deceased
victim under ORS 147.015 (1), the person is eligible for compensation for
reasonable medical expenses for the victim and for reasonable funeral expenses
of the deceased victim if the person:
(a)
Paid or incurred such expenses; and
(b)
Files a claim in the manner provided in ORS 147.105 and the conditions in ORS
147.015 (2) to (6) are met.
(2)
Notwithstanding that a person is not a survivor or dependent of a deceased
victim under ORS 147.015 (1), the person is eligible for compensation for
reasonable counseling expenses up to a maximum amount of $500 if the person:
(a)
Paid or incurred such expenses;
(b)
Was a friend or acquaintance of the victim;
(c)
Was the first person to discover the corpse of the victim; and
(d)
Files a claim in the manner provided in ORS 147.105 and the conditions in ORS
147.015 (2) to (6) are met.
(3)
Notwithstanding that a person is not a victim or a survivor or dependent of a
deceased victim under ORS 147.015 (1), the person is eligible for the
compensation described in ORS 147.035 (7) and (8) if:
(a)
The person is the personal representative, as defined by the Department of
Justice by rule, of a victim or of a survivor or dependent of a deceased victim;
(b)
The person is involved in the hearing or oral argument in lieu of the victim,
survivor or dependent; and
(c)
The person files a claim in the manner provided in ORS 147.105 and the
conditions in ORS 147.015 (2) to (6) are met.
(4)
The Department of Justice may pay directly to the provider of the services
compensation for medical, funeral or counseling expenses incurred by the
person. [1977 c.376 §4; 1987 c.770 §3; 2003 c.353 §1; 2011 c.125 §4]
147.030
[Renumbered 133.753]
147.035 Compensable losses; rules.
(1)(a) Except as otherwise provided in ORS 147.025 and 147.390, compensation
may be awarded under ORS 147.005 to 147.367 only for losses described in this
section.
(b)
The maximum amount of compensation that may be awarded, in aggregate, to the
victim and the survivors and dependents of a deceased victim is $47,000.
(c)
When a compensable crime results in:
(A)
Injury to a victim, the losses described in subsections (2), (4), (7) and (8)
of this section are compensable.
(B)
Death to a victim, the losses described in subsections (3), (4), (6), (7) and
(8) of this section are compensable.
(2)
When a claim for compensation is filed in a case of injury, compensation may be
awarded for:
(a)
The victim’s reasonable medical and hospital expenses, including counseling
expenses, up to a maximum amount of $20,000;
(b)
Loss of the victim’s earnings, at a maximum rate of $400 per week, up to a
maximum amount of $20,000;
(c)
The victim’s rehabilitation expenses, up to a maximum amount of $4,000; and
(d)
Expenses related to transportation for the victim’s medical care or counseling,
at a rate determined by the Department of Justice, up to a maximum amount of
$3,000, when:
(A)
The medical care or counseling is compensable under this section;
(B)
The medical care or counseling is provided more than 30 miles away from the
victim’s residence; and
(C)
Adequate medical care or counseling is not available in closer proximity to the
victim’s residence.
(3)
When a claim for compensation is filed in a case of death, compensation may be
awarded for:
(a)
Reasonable funeral expenses, up to a maximum amount of $5,000;
(b)
The victim’s reasonable medical and hospital expenses, up to a maximum amount
of $20,000;
(c)
Loss of support to the dependents of the victim, at a maximum rate of $400 per
week, up to a maximum amount of $20,000, less any amounts awarded for loss of
earnings under subsection (2)(b) of this section;
(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)
Expenses related to transportation for a survivor’s or a dependent’s
counseling, at a rate determined by the department, up to a maximum amount of
$3,000, when:
(A)
The counseling is compensable under this section;
(B)
The counseling is provided more than 30 miles away from the survivor’s or
dependent’s residence; and
(C)
Adequate counseling is not available in closer proximity to the survivor’s or
dependent’s residence.
(4)
When a claim for compensation is filed in a case of:
(a)
Rape of a child, child sexual abuse or sexual exploitation, as those terms are
described in ORS 419B.005 (1)(a)(C), (D) and (E), counseling expenses of the
victim’s family are compensable up to a maximum amount of $20,000, less any
amounts awarded for the victim’s medical or hospital expenses under subsection
(2)(a) of this section.
(b)
Domestic violence as defined in ORS 135.230, the counseling expenses of
children who witnessed the domestic violence are compensable up to a maximum
amount of $10,000.
(c)
International terrorism, the counseling expenses of a relative of the victim
are compensable up to a maximum amount of $1,000.
(5)
Compensation may not be awarded under ORS 147.005 to 147.367 for pain and
suffering or property damage.
(6)
Notwithstanding subsections (2) to (5) of this section, when a claim for
compensation is filed in a case of abuse of corpse in the first degree as
defined in ORS 166.087 or abuse of corpse in the second degree as defined in
ORS 166.085, compensation may be awarded for one or both of the following:
(a)
Reasonable funeral expenses, up to a maximum amount of $5,000.
(b)
Reasonable counseling expenses for emotional distress, up to a maximum amount
of $5,000 for each incident.
(7)
If the case against the assailant of the victim is under direct or collateral
review and the victim, survivor or dependent is involved in the hearing or oral
argument, compensation may be awarded for:
(a)
The victim’s, survivor’s or dependent’s counseling expenses up to a maximum
amount of $5,000; and
(b)
Other expenses related to the review, including transportation and lodging
necessary for the victim, survivor or dependent to be involved in hearings and
oral arguments, up to a maximum amount of $3,000.
(8)
If the assailant of the victim has a hearing scheduled before the State Board
of Parole and Post-Prison Supervision or the Psychiatric Security Review Board
and the victim, survivor or dependent is involved in the hearing, compensation
may be awarded for:
(a)
The victim’s, survivor’s or dependent’s counseling expenses up to a maximum
amount of $5,000; and
(b)
Other expenses related to the hearing, including transportation and lodging
necessary for the victim, survivor or dependent to be involved in the hearing,
up to a maximum amount of $3,000.
(9)
A claim for compensation expires and no further payments may be made with
regard to the claim:
(a)
When three years have elapsed from the entry of a determination order under ORS
147.135; or
(b)
If the victim, survivor or dependent attains 21 years of age after the date
described in paragraph (a) of this subsection, when the victim, survivor or
dependent attains 21 years of age.
(10)
Notwithstanding subsection (9) of this section:
(a)
In cases of homicide, a claim for reasonable counseling expenses for survivors
may continue until five years have elapsed from the date of the determination
order.
(b)
Claims described in subsection (7) of this section may be filed each time an
assailant’s case is under direct or collateral review and expire:
(A)
If the assailant is released as a result of the direct or collateral review,
when six months have elapsed from the date the assailant is released; or
(B)
If the assailant is not released as a result of the direct or collateral
review, when six months have elapsed from the completion of the review.
(c)
Claims described in subsection (8) of this section may be filed each time an
assailant has a hearing before the State Board of Parole and Post-Prison
Supervision or the Psychiatric Security Review Board and expire:
(A)
If the assailant is denied parole, conditional release or discharge, when six
months have elapsed from the date of the hearing.
(B)
If the assailant is paroled, conditionally released or discharged, when six months
have elapsed from the date the assailant is paroled, conditionally released or
discharged.
(11)
Notwithstanding subsections (2) and (9) of this section, if a victim suffers
catastrophic injuries:
(a)
A claim for compensation and payments may continue beyond the period described
in subsection (9) of this section; and
(b)
The department may award compensation for losses in excess of the individual
limitations described in subsection (2) of this section, provided that the
aggregate award does not exceed the amount described in subsection (1)(b) of
this section.
(12)
The department shall adopt rules:
(a)
Defining catastrophic injuries and establishing the length of time that a claim
for compensation and payments may continue under subsection (11)(a) of this
section.
(b)
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. [1977 c.376 §5; 1987 c.770 §4; 1989 c.542 §3;
1991 c.603 §2; 1991 c.862 §3; 1993 c.294 §8; 1993 c.546 §100; 1993 c.622 §3;
1997 c.549 §1; 1997 c.723 §1; 1997 c.749 §2; 1997 c.873 §31; 1999 c.922 §1;
2001 c.383 §1; 2003 c.349 §1; 2009 c.272 §1; 2011 c.125 §1]
147.040
[Renumbered 133.757]
147.045 Notification of district attorney
upon filing of compensation claim; deferral of compensation proceedings;
emergency awards. (1) Upon filing of a claim
pursuant to ORS 135.905 and 147.005 to 147.367, the Department of Justice shall
promptly notify the district attorney of the county wherein the crime is
alleged to have occurred. If, within 10 days after such notification, the
district attorney advises the department that a criminal prosecution is pending
upon the same alleged crime and requests that action by the department be
deferred, the department shall defer all proceedings under ORS 135.905 and
147.005 to 147.367 until such time as such criminal prosecution has been
concluded and shall so notify the district attorney and the applicant. When
such criminal prosecution has been concluded, the district attorney shall
promptly so notify the department.
(2)
Nothing in this section shall limit the authority of the department to grant
emergency awards pursuant to ORS 147.055. [1977 c.376 §6]
147.050
[Renumbered 133.763]
147.055 Emergency awards; amount; effect
on final award. (1) Notwithstanding the
provisions of ORS 147.045 (1), the Department of Justice may make an emergency
award to the applicant pending a final decision in the claim, if it appears to
the department, prior to taking action upon the claim that:
(a)
The claim is one with respect to which an award probably will be made; and
(b)
Undue hardship will result to the applicant if immediate payment is not made.
(2)(a)
The amount of such emergency award shall not exceed $1,000.
(b)
The amount of such emergency award shall be deducted from any final award made
as a result of the claim.
(c)
The excess of the amount of such emergency award over the amount of the final
award, or the full amount of the emergency award if no final award is made,
shall be repaid by the recipient to the department. [1977 c.376 §7]
147.060
[Renumbered 133.767]
147.065 Limitation on time for commencing
action for compensable crime.
Notwithstanding ORS 12.110 the victim of any compensable crime as defined in
ORS 147.005 or the victim’s representative may bring an action at any time
within the five-year period after the commission of the compensable crime. [1985
c.552 §5]
Note:
147.065 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 147 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
147.070
[Renumbered 133.773]
147.080
[Renumbered 133.777]
147.090
[Renumbered 133.783]
147.100
[Renumbered 133.787]
(Compensation Procedure)
147.105 Application for compensation;
contents; additional information or materials; amended applications; effect of
criminal conviction of applicant. (1) An
applicant for compensation under ORS 135.905 and 147.005 to 147.367 must file
an application under oath on a form furnished by the Department of Justice. The
application shall include:
(a)
The name and address of the victim;
(b)
If the victim is deceased, the name and address of the applicant and
relationship to the victim, the names and addresses of the victim’s dependents
and the extent to which each is so dependent;
(c)
The date and nature of the crime or attempted crime on which the application
for compensation is based;
(d)
The date and place where, and the law enforcement officials to whom,
notification of the crime was given;
(e)
The nature and extent of the injuries sustained by the victim, the names and
addresses of those giving medical and hospital treatment to the victim and
whether death resulted;
(f)
The loss to the applicant and to such other persons as are specified under
paragraph (b) of this subsection, resulting from the injury or death;
(g)
The amount of benefits, payments or awards, if any, payable from any source,
which the applicant or other person, listed under paragraph (b) of this
subsection, has received or for which the applicant or other person is eligible
as a result of the injury or death;
(h)
Releases authorizing the surrender to the department of reports, documents and
other information relating to the matters specified under this subsection; and
(i)
Such other information as the department determines is necessary.
(2)
The department may require that the applicants submit with the application
materials substantiating the facts stated in the application.
(3)
If the department finds that an application does not contain the required
information or that the facts stated therein have not been substantiated, it
shall notify the applicant in writing of the specific additional items of
information or materials required and that the applicant has 30 days from the
date of mailing in which to furnish those items to the department. Unless an
applicant requests and is granted an extension of time by the department, the
department shall reject with prejudice the claim of the applicant for failure
to file the additional information or materials within the specified time.
(4)
An applicant may file an amended application or additional substantiating
materials to correct inadvertent errors or omissions at any time before the
department has completed its consideration of the original application.
(5)
The filing of additional information or the amendment of the application
pursuant to subsection (3) or (4) of this section shall be considered for the
purposes of ORS 135.905 and 147.005 to 147.367 to have been filed at the same
time as the original application.
(6)
Unless the department finds good cause exists for the applicant’s failure to
satisfy a financial obligation or unless the interest of justice requires
otherwise, the department shall not process an application filed by or on
behalf of a victim who owes a financial obligation ordered or imposed as a
result of a previous criminal conviction until the department receives
information or materials establishing to the satisfaction of the department
that the financial obligation has been satisfied. If the department does not
receive the information or materials within one year after the department
notifies the applicant of the need to fulfill this requirement, the application
is void.
(7)(a)
If at the time of application, the applicant is incarcerated as a result of a
conviction of a crime, the application shall be refused and returned to the
applicant. The applicant is eligible to refile the application within six
months after the applicant is released from incarceration.
(b)
At the time the application is refused and returned, the department shall
notify the applicant of the right to refile the claim within six months of
release from incarceration. [1977 c.376 §8; 1991 c.603 §1; 1991 c.862 §5; 1993
c.18 §24]
147.110
[Amended by 1973 c.836 §123; renumbered 133.793]
147.115 Confidentiality of application
information; board proceedings; use of record; witnesses before board.
(1) All information submitted to the Department of Justice by an applicant and
all hearings of the Workers’ Compensation Board under ORS 135.905 and 147.005
to 147.367 shall be open to the public unless the department or board
determines that the information shall be kept confidential or that a closed
hearing shall be held because:
(a)
The alleged assailant has not been brought to trial and disclosure of the
information or a public hearing would adversely affect either the apprehension
or the trial of the alleged assailant;
(b)
The offense allegedly perpetrated against the victim is rape, sodomy or sexual
abuse and the interests of the victim or of the victim’s dependents require
that the information be kept confidential or that the public be excluded from
the hearing;
(c)
The victim or alleged assailant is a minor; or
(d)
The interests of justice would be frustrated rather than furthered, if the
information were disclosed or if the hearing were open to the public.
(2)(a)
A record shall be kept of the proceedings held before the board and shall
include the board’s findings of fact and conclusions concerning the amount of
compensation, if any, to which the applicant and the dependents of a deceased
victim are entitled.
(b)
No part of the record of any proceedings before the board may be used for any
purpose in a criminal proceeding except in the prosecution of a person alleged
to have committed perjury in testimony before the board.
(c)
Where the interests of justice require, the board may refuse to disclose to the
public the names of victims or other material in the record by which the
identity of the victim could be discovered.
(3)
Notwithstanding subsection (2)(b) and (c) of this section, the record of the
proceedings held before the board is a public record. However, any record or
report obtained by the board, the confidentiality of which is protected by any
other law, shall remain confidential subject to such law.
(4)
Witnesses required to appear at any proceeding before the board shall receive
such fees and mileage allowance as are provided for witnesses in ORS 44.415
(2). [1977 c.376 §9; 1989 c.980 §7a]
147.120
[Renumbered 133.797]
147.125 Determining amount of
compensation; deduction of other benefits. (1) In
determining the amount of compensation for which an applicant is eligible, the
Department of Justice shall consider the facts stated on the application filed
pursuant to ORS 147.105, and:
(a)
Need not consider whether or not the alleged assailant has been apprehended or
brought to trial or the result of any criminal proceedings against that person;
(b)
Shall determine the amount of the loss to the applicant and, in the case of a
deceased victim, of the victim’s survivors or dependents as determined under
ORS 147.035;
(c)
Shall determine the degree or extent to which the victim’s acts or conduct
contributed to the injuries or death of the victim, and may reduce or deny the
award of compensation accordingly. However, the department may disregard for
this purpose the responsibility of the victim for the injury of the victim
where the record shows that such responsibility was attributable to efforts by
the victim to prevent a crime or an attempted crime from occurring in the
presence of the victim or to apprehend a person who had committed a crime in
the presence of the victim;
(d)
Except as provided in paragraph (e) of this subsection, shall deduct the amount
of benefits, payments or awards that are payable under the Workers’
Compensation Law, from local governmental, state or federal funds or from any
source, and that the victim or survivors or dependents of the victim have
received or to which the victim or survivors or dependents of the victim are entitled
as a result of the death or injury of the victim;
(e)
Shall not deduct the amount of proceeds from life insurance or contributions
from the community that the survivors or dependents of the victim have received
or to which the survivors or dependents of the victim are entitled as a result
of the death of the victim;
(f)
Shall consider the amount of money available for victim compensation awards as
provided in the current biennial department budget approved by the Legislative
Assembly or the Emergency Board, and the anticipated claims against that money;
and
(g)
Shall award the resultant amount to the applicant as provided in ORS 147.165.
(2)
In determining the amount of an award to be made to an applicant, the
department may consider the number and type of claims filed and anticipated to
be filed with the department during the current biennial budget period. If the
department determines that insufficient funds will be available during the
current biennial budget period to pay all filed and anticipated awards, it may
prioritize claims or prorate awards based upon the anticipated available funds.
The department’s decision to prioritize or prorate claims or awards is not
subject to administrative or judicial review, including review under ORS
147.155. [1977 c.376 §10; 1987 c.770 §5; 1989 c.542 §4; 1991 c.862 §6; 1999
c.128 §1; 2001 c.372 §1]
147.130
[Renumbered 133.803]
147.135 Processing compensation application;
order; contents. After processing the application
filed under ORS 147.105 the Department of Justice shall enter an order stating:
(1)
Its findings of fact; and
(2)
Its decision as to whether or not compensation is due under ORS 135.905 and
147.005 to 147.367. [1977 c.376 §14; 1999 c.129 §1]
147.140
[Renumbered 133.805]
147.145 Review of order; reconsideration;
notice to applicant. If the applicant disagrees with
the order entered under ORS 147.135, the applicant may request review by the
Department of Justice. The department shall reconsider any order for which a
request for review is received. The department shall notify the applicant of
its decision on review within 30 days of the department’s receipt of the
request for review. [1977 c.376 §15]
147.150
[Amended by 1963 c.550 §1; 1973 c.836 §124; renumbered 133.807]
147.155 Appeal to Workers’ Compensation
Board; hearing; record; evidence considered; board determination not subject to
further review. (1) Any applicant who requests
review by the Department of Justice under ORS 147.145 and who disagrees with
the decision of the department on review may appeal to the Workers’
Compensation Board.
(2)
The request for hearing shall be in writing. The request shall include the
applicant’s address, shall be signed by the applicant and shall be mailed to
the board.
(3)
The board shall conduct a hearing upon at least 10 days’ notice by mail to all
interested persons.
(4)
A record of all proceedings at the hearing shall be kept but need not be
transcribed.
(5)
The board is not bound by rules of evidence or by technical or formal rules of
procedure, and may conduct the hearing in any manner that will achieve
substantial justice. However, no evidence is admissible at a hearing that has
not previously been considered by the department. The decision by the board
shall be final and shall not be subject to further administrative or judicial
review. [1977 c.376 §15a]
147.160
[Amended by 1973 c.836 §125; renumbered 133.809]
147.165 Payment of awards; awards to
minors and incompetents. (1) The award made under ORS
135.905 and 147.005 to 147.367 shall be paid in a manner determined by the
Department of Justice. Payment for medical, hospital and funeral expenses may
be made directly to the service providers.
(2)
Where a person eligible to receive an award under ORS 135.905 and 147.005 to
147.367 is a person under the age of 18 years or an incompetent, the award may
be paid to a relative, guardian or attorney of such person on behalf of and for
the benefit of such person. In such case the payee shall:
(a)
File an annual accounting of the award with the department; and
(b)
Take such other action as the department shall determine is necessary and
appropriate for the benefit of the beneficiary of the award.
(3)
A person who is incarcerated is not eligible for payments for loss of earnings
for the period of incarceration.
(4)
Payment of claims is subject to availability of funds for victim compensation
awards as provided in the department budget approved by the Legislative
Assembly or the Emergency Board. [1977 c.376 §16; 1987 c.770 §6; 1991 c.862 §7]
147.170
[Amended by 1973 c.836 §126; renumbered 133.813]
147.180
[Amended by 1973 c.836 §127; renumbered 133.815]
147.190
[Renumbered 133.817]
147.200
[Renumbered 133.823]
(Administrative Provisions)
147.205 Authority of Department of
Justice; assistance from other agencies; examination of victims; reports to
Governor and Legislative Assembly; rules. (1) To
carry out the provisions and purposes of ORS 135.905 and 147.005 to 147.367,
the Department of Justice has the power and duty to:
(a)
Appoint such employees and agents as it determines are necessary, fix their
compensation within the limitations provided by law, and prescribe their
duties.
(b)
Request and obtain from law enforcement agencies, district attorneys, county
juvenile departments, the Department of Human Services, the Oregon Youth
Authority and the Department of Corrections such assistance and information as
will enable the Department of Justice to carry out its functions and duties
under ORS 147.005 to 147.367. The Department of Justice may obtain assistance
and information under this paragraph, notwithstanding any other law relating to
the confidentiality or disclosure of records. The Department of Justice:
(A)
Shall maintain the confidentiality of any privileged or confidential information
or records obtained under this paragraph;
(B)
May use the information or records only for the purposes authorized by ORS
147.005 to 147.367; and
(C)
May not disclose the contents of any privileged or confidential records to any
other person or entity.
(c)
Adopt rules pursuant to ORS chapter 183.
(d)
Direct medical examination of victims.
(e)
Determine all claims for awards filed with the department pursuant to ORS
135.905 and 147.005 to 147.367, and to reinvestigate or reopen cases as the
department deems necessary.
(f)
Report biennially to the Governor and to the Legislative Assembly on its
activities.
(2)
Notwithstanding any other law relating to the confidentiality or disclosure of
records, when a crime victim applies for compensation under ORS 147.005 to
147.367, a person that provides medical services or supplies or pays the costs
of medical services or supplies provided to the crime victim shall provide to
the Department of Justice any individually identifiable health information the
person has in the person’s possession about the crime victim if:
(a)
The department requests the information; and
(b)
A release authorizing the surrender has been completed under ORS 147.105
(1)(h).
(3)
As used in subsection (2) of this section:
(a)
“Pays” includes, but is not limited to, payments made directly or indirectly
through settlements, judgments, insurance, Medicaid, other compensation or
restitution.
(b)
“Person” includes, but is not limited to, health care providers and their
agents, insurers and their agents, employers and public bodies as defined in
ORS 174.109. [1977 c.376 §12; 1987 c.770 §7; 1997 c.396 §1; 2003 c.351 §2]
147.210
[Renumbered 133.825]
147.215 Attorney General as legal adviser
to department; assistance by governmental agencies.
(1) The Attorney General shall serve as legal adviser to the Department of
Justice for all matters arising under ORS 135.905 and 147.005 to 147.367.
(2)
Law enforcement officials and other agencies of the state or local governmental
units are authorized to give and shall provide any assistance or information
requested by the department under ORS 147.205 (1)(b). [1977 c.376 §13; 2003
c.351 §3]
147.220
[Amended by 1961 c.389 §4; renumbered 133.827]
147.225 Criminal Injuries Compensation
Account. There is established the Criminal
Injuries Compensation Account. All moneys in the account are continuously
appropriated for and may be used by the Department of Justice for the purposes
authorized in ORS 135.905, 147.005 to 147.367 and 147.397. [1977 c.376 §22;
2003 c.789 §§4,6; 2007 c.23 §2; 2007 c.268 §4]
147.227 Disbursement of moneys to be used
for victims’ assistance programs; qualifications; rules.
(1) The Attorney General shall disburse a portion of the moneys that the
Criminal Injuries Compensation Account receives from the Criminal Fine Account
to counties and cities where prosecuting attorneys maintain victims’ assistance
programs approved by the Attorney General. Upon receipt of the moneys, the
counties and cities shall provide the moneys to the prosecuting attorney
therein to be used exclusively for the approved victims’ assistance 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. [1987 c.905 §11; 1997 c.872 §30; 2001 c.829 §4; 2005 c.700 §7; 2007
c.24 §1; 2009 c.176 §1; 2011 c.597 §126]
147.230
[Amended by 1973 c.836 §128; renumbered 133.833]
147.231 Disbursement of moneys to provide
services to victims of crimes; rules. (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, 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. [1997 c.758 §2; 2003 c.349 §2; 2003 c.789 §§5,7;
2007 c.23 §3; 2007 c.268 §5; 2009 c.411 §1]
147.235 [1961
c.389 §3; renumbered 133.837]
147.240 Department of Justice to submit
claims to account for payment of awards. After the
entry of an award under ORS 135.905 and 147.005 to 147.367, the Department of
Justice shall submit the claim for payment from the Criminal Injuries
Compensation Account pursuant to ORS 293.295 to 293.460 and 293.465 to 293.510.
[1977 c.376 §23]
147.245 Disposition of moneys recovered
from assailant; disposition of gifts or grants.
(1) Any moneys recovered by the Department of Justice under ORS 147.281 to
147.298 and 147.345 shall be credited to the Criminal Injuries Compensation
Account.
(2)
Any gifts, contributions, grants or federal funds specifically given to the
department for the benefit of victims of crimes shall be credited to the
Criminal Injuries Compensation Account. [1977 c.376 §24; 2005 c.383 §11]
147.250 [Renumbered
133.839]
147.253
[Renumbered 133.843]
147.255 Recovery of moneys paid on
fraudulent claims; recovery of fees. The
Department of Justice may institute suit:
(1)
To recover any awards made because of fraudulent claims.
(2)
On behalf of the applicant or recipients, to recover all fees paid to a counsel
or agent in violation of ORS 147.315. [1977 c.376 §25]
147.256
[Renumbered 133.845]
147.259 [1983
c.725 §2; 1985 c.16 §448; 1985 c.761 §4; 1989 c.844 §2; repealed by 1987 c.905 §37]
147.260 [Renumbered
133.847]
147.265 [1983
c.725 §3; repealed by 1987 c.905 §37]
147.270
[Renumbered 133.853]
147.275 Proceeds of compensable crime;
escrow account for benefit of victims; notice; distribution; hearing;
definitions; rules. (1)(a) Before any person or
other legal entity pays or delivers the proceeds of a compensable crime to any
individual charged with or convicted of committing such a crime in this state
or found guilty except for insanity with regard to such a crime, or to a
representative or assignee of that individual, the person or legal entity shall
promptly notify the Department of Justice and pay or deliver to the department
the proceeds that would otherwise be paid to the individual charged, convicted
or found guilty except for insanity, or the representative or assignee of the
individual.
(b)
When any person or other legal entity contracts to pay the proceeds of the
compensable crime to any individual charged with or convicted of committing
such a crime in this state or found guilty except for insanity with regard to
such a crime, or whenever any person or other legal entity contracts with a
representative or assignee of that individual to pay the proceeds of the
compensable crime committed by that individual, the person or legal entity
shall promptly submit a copy of the contract to the Department of Justice and
pay to the department any proceeds which otherwise, under the terms of the
contract, would be paid to the accused or convicted individual, the person
found guilty except for insanity or the representative or assignee of the
individual.
(2)
The department shall deposit proceeds received under this section in an escrow
account established for the benefit of the victims or dependents of the victims
of the crime for which the individual whose proceeds are placed in the escrow
account is convicted or found guilty except for insanity. Proceeds in the
escrow account shall be paid to satisfy judgments as provided in subsection (3)
of this section or restitution orders under ORS 137.103 to 137.109.
(3)
A person is entitled to payment of proceeds from the escrow account established
under this section if:
(a)
The person is the victim or a dependent of a deceased victim of a compensable
crime for which the individual whose proceeds are placed in the escrow account
is convicted or found guilty except for insanity; and
(b)
Within five years after the establishment of the escrow account, the person
commences a civil action against such individual in a court of competent
jurisdiction and receives a money judgment for damages suffered as a result of
the crime.
(4)
The department, at least once every year for five years from the date it
establishes the escrow account, shall cause to have published a legal notice in
a newspaper of general circulation in the county in which the crime was
committed and in the counties adjoining such county advising victims that the
escrow proceeds are available to satisfy judgments pursuant to this section.
The department may, in its discretion, provide for such additional notice as it
considers necessary.
(5)
Upon dismissal of charges or acquittal of any individual whose proceeds are
placed in an escrow account under this section, the department shall
immediately pay such individual the proceeds in the escrow account.
(6)
Upon a showing by any convicted individual or the individual found guilty
except for insanity that five years have elapsed from the establishment of the
escrow account in which the individual’s proceeds have been placed under this
section and that no civil actions by victims or dependents of deceased victims
of the individual’s crime have been commenced, the department shall immediately
pay any proceeds in the escrow account to such individual or the legal
representative of the individual.
(7)
Any action taken by an individual charged with or convicted of committing a
compensable crime in this state, including, but not limited to, execution of a
power of attorney or creation of a corporate entity, to defeat the purpose of
this section is null and void. Any action taken by an individual found guilty
except for insanity with regard to a compensable crime in this state is
similarly null and void.
(8)
When an escrow account has insufficient funds to meet all judgments presented
by victims or their representatives, the escrow account shall be prorated among
the victims or their representatives on the basis of the amounts of the
unsatisfied judgments or partially satisfied judgments. There shall be no
payment from the escrow account to a victim or a victim’s representative until
either the amounts of all unsatisfied judgments are determined, or it is
determined that the payment for an unsatisfied judgment will not diminish the
escrow account so that other potential victim claims could not be satisfied.
(9)(a)
The Department of Justice may notify any person whom the department believes to
be in possession of the proceeds of a compensable crime, or to have contracted
to pay the proceeds of a compensable crime as described in subsection (1) of
this section, of the requirements of this section.
(b)
Any person who disputes whether that person either possesses or has contracted
to pay the proceeds of a compensable crime may ask for a contested case hearing
on the question before the department. The hearing shall be conducted in
accordance with the provisions of ORS chapter 183.
(10)
Notwithstanding subsection (9) of this section, the Department of Justice may
seek provisional remedies, including garnishment or injunctive relief, to
prevent the payment of money or property which the department asserts to be the
proceeds of a compensable crime to an individual charged with or convicted of
committing such a crime in this state or found guilty except for insanity with
regard to such a crime, or to the representative or assignee of that
individual, until the character of the property or money is determined.
(11)
The Department of Justice may adopt rules to carry out the purposes of this
section.
(12)
As used in this section, “proceeds of a compensable crime” means any property
or assets, tangible or intangible:
(a)
That are obtained during the commission of the compensable crime; or
(b)
That are obtained after commission of the crime primarily because of commission
of the compensable crime.
(13)
As used in this section, “proceeds of a compensable crime” does not include
property or assets that have been forfeited pursuant to law or that constitute
contraband. It also does not include property or assets in which the individual
charged or convicted of committing a compensable crime has no legal or
equitable interest. [1985 c.552 §3; 1987 c.158 §21; 1995 c.344 §1; 1997 c.249 §46]
147.280
[Renumbered 133.855]
(Recovery of Assistance)
147.281 Definitions.
As used in ORS 147.281 to 147.298:
(1)
“Action” means an action, suit or proceeding.
(2)
“Assistance” means compensation paid by the Department of Justice under ORS
147.005 to 147.367 to or on behalf of an applicant or recipient.
(3)
“Claim” means a claim of an applicant or recipient for damages for injuries
against an assailant or any other person or entity alleged to be liable for the
injury constituting the basis for the claim.
(4)
“Compromise” means a compromise between an applicant or recipient and an
assailant or any other person or entity against whom the applicant or recipient
has a claim.
(5)
“Judgment” means a judgment in an action brought by an applicant or recipient
to enforce the claim of the applicant or recipient.
(6)
“Recipient” means a person who has received assistance.
(7)
“Settlement” means a settlement between an applicant or recipient and an
assailant or any other person or entity against whom the applicant or recipient
has a claim. [2005 c.383 §2]
147.283 Notice to Department of Justice of
claim or action to enforce claim for injuries.
An applicant or recipient shall promptly provide written notice to the
Department of Justice when making a claim or bringing an action to enforce a
claim for injuries that formed the basis for assistance. The notice must
include the name and address of the assailant and of any other person or entity
against whom the claim is made or action is brought. If the claim is made or
the action is brought against a corporation, the notice must contain the
address of the corporation’s principal place of business. If the applicant or
recipient is a minor, the parents, legal guardian or foster parent of the
applicant or recipient shall give the notice required by this section. [2005
c.383 §3]
147.285 Creation of lien.
The Department of Justice has a lien upon the amount of any judgment in favor
of the applicant or recipient and upon any amount payable to the applicant or
recipient under a settlement or compromise for all assistance from the date of
the injury that forms the basis of the assistance to the date of the satisfaction
of the judgment or final payment under the settlement or compromise. [2005
c.383 §4]
147.287 Perfection of lien.
(1) In order to perfect a lien under ORS 147.285, the Department of Justice
shall do all of the following:
(a)
Upon receiving notice under ORS 147.283, record a notice of lien in the County
Clerk Lien Record of the county in which the person against whom the claim is
made or action is brought resides. If the claim or action is against a
corporation, the department shall record the notice of lien in the County Clerk
Lien Record of the county in which the corporation has its principal place of
business. If the claim or action is against a public body, as defined in ORS
174.109, the department shall record the notice of lien in the County Clerk
Lien Record of the county in which the public body has its main office.
(b)
Prior to the date of the satisfaction of the judgment or final payment under a
settlement or compromise, deliver a copy of the notice of lien by certified
mail or personal service to all parties bound by the judgment, settlement or
compromise or to an attorney or insurer that represents a party bound by the
judgment, settlement or compromise. The department may send the notice by first
class mail to any party, attorney or insurer that does not accept the certified
mail containing the notice.
(2)
Upon the recording of a notice of lien under subsection (1)(a) of this section,
the recording officer shall enter the name of the injured person, the
approximate date of the injury and the name of the department as a lienor in
the hospital and physician lien docket under ORS 87.575 and shall make an index
to the hospital and physician lien docket in the names of the injured person
and the department. [2005 c.383 §5]
147.289 Notice of lien; form.
The form of the notice of lien required by ORS 147.287 shall be substantially
as follows:
______________________________________________________________________________
Notice
is given by this form that the Department of Justice has provided assistance to____________,
a person who was injured on or about the ___ day of ______ in the city of ______
and State of ______, and the Department of Justice asserts a lien to the
extent provided in ORS 147.285 for the amount of the assistance upon any amount
due and owing ________ (name of injured person) under a judgment, settlement or
compromise from ______ alleged to have caused such injuries and from any other
person or entity liable for the injury or obligated to compensate the injured
person on account of such injuries.
Department of
Justice
by____________,
Attorney
General or designee.
State of
Oregon, )
) ss.
County of______ )
I, ____________, being first duly sworn on
oath say: That I am the Attorney General or designee; that I have read the
foregoing notice of lien and know the contents of the notice of lien and
believe the contents to be true.
Subscribed and sworn to before me this ___
day of______,______.
____________, Notary Public.
______________________________________________________________________________
[2005 c.383 §6]
147.290
[Amended by 1961 c.389 §1; renumbered 133.857]
147.292
Notice of amount of judgment, settlement or compromise.
Immediately after a judgment has been rendered in favor of an applicant or
recipient or a settlement or compromise has been agreed upon, all parties bound
by the judgment, settlement or compromise shall provide written notice to the
Department of Justice of the amount of the judgment, settlement or compromise.
After receiving the notice, the department shall send by certified mail a
statement of the amount of its lien to all parties bound by the judgment,
settlement or compromise or to an attorney or insurer that represents a party
bound by the judgment, settlement or compromise. The department may send the
statement by first class mail to any party, attorney or insurer that does not
accept the certified mail containing the statement. [2005 c.383 §7]
147.294
Liability of person making payment after notice of lien is recorded.
After a notice of lien is recorded under ORS 147.287, a person or entity that
makes a payment to the applicant or recipient or to the heirs, personal
representatives, assigns or attorneys of the applicant or recipient under a
judgment, settlement or compromise without first having paid to the Department
of Justice the amount of the department’s lien is liable to the department for
the amount of the payment to the extent that the lien attached to the payment
under ORS 147.285. [2005 c.383 §8]
147.296
Action for failure to provide notice. The
Department of Justice has a cause of action against an applicant or recipient
who fails to give the notice required by ORS 147.283 for amounts received by
the applicant or recipient pursuant to a judgment, settlement or compromise to
the extent that the department would have had a lien under ORS 147.285 upon the
amounts had the notice been given. [2005 c.383 §9]
147.298
Where action may be initiated. The
Department of Justice may initiate an action under ORS 147.294 and 147.296 in
the circuit court for Marion County, the county where the compensable crime
occurred or the county in which any party bound by the judgment, settlement or
compromise resides. [2005 c.383 §10]
(Miscellaneous
Provisions)
147.305
Effect of criminal conviction on compensation proceedings.
If any person is convicted of a crime based on a compensable crime for which
application for compensation is made, proof of the conviction shall be
conclusive evidence that the crime was committed. [1977 c.376 §11]
147.315
Charging fees to applicants prohibited. No fee may be
charged to the applicant in any proceeding under ORS 135.905 and 147.005 to
147.367. [1977 c.376 §17]
147.325
Compensation not subject to assignment or legal process prior to receipt by
beneficiary. No compensation payable under ORS
135.905 and 147.005 to 147.367 shall, prior to actual receipt thereof by the
person or beneficiary eligible therefor, or their legal representatives, be
assignable or subject to execution, garnishment, attachment or any other
process, including process to satisfy an order or judgment for support or
alimony. [1977 c.376 §18; 1991 c.862 §8]
147.335
Compensation rights not to survive beneficiary; death of beneficiary after
filing of application. The rights to compensation created
by ORS 135.905 and 147.005 to 147.367 are personal and shall not survive the
death of the person or beneficiary eligible therefor. However, if such death
occurs after an application for compensation has been filed with the Department
of Justice, the proceeding shall not abate, but may be continued by the legal
representative of the decedent’s estate. [1977 c.376 §19; 1991 c.862 §9]
147.345
State subrogated to rights accruing to beneficiary; suit by state against
assailant; disposition of proceeds; settlement.
(1) The acceptance of an award made pursuant to ORS 135.905 and 147.005 to
147.367 shall subrogate the state, to the extent of such award, to any right or
right of action accruing to the applicant or recipient against the assailant or
any other person or entity liable for the injury constituting the basis for the
award.
(2)(a) On behalf of the state, the
Department of Justice may bring suit against an assailant to recover the amount
of compensation paid to an applicant or recipient of an award made pursuant to
ORS 135.905 and 147.005 to 147.367 as a result of the assailant’s commission of
a compensable crime. Before initiating a suit under this subsection, the
Department of Justice must notify the applicant or recipient that the
Department of Justice is going to initiate a suit. A suit under this subsection
does not affect any right or right of action accruing to the applicant or
recipient against the assailant for the injury constituting the basis for the
award, except that the assailant may be able to offset payments made to the
Department of Justice against any award to the applicant or recipient for the
same damages. The assailant also may offset any payments the assailant has made
to the applicant or recipient for the same damages against any recovery by the
Department of Justice under this subsection.
(b) In a suit under this subsection, the
Department of Justice may recover attorney fees and costs of suit.
(c) Each separate payment of compensation
under ORS 135.905 and 147.005 to 147.367 creates a cause of action under this
subsection.
(3) Any settlement of a right or right of
action against the assailant or any other person or entity by the victim or the
dependent of the victim based on the compensable crime must be approved by the
Department of Justice if the department has made an award to the victim or the
dependent of the victim. If the settlement is not approved by the department,
the department may void the settlement. [1977 c.376 §20; 1987 c.770 §8; 2001
c.371 §1]
147.355
[1977 c.376 §21; 2003 c.576 §389; repealed by 2005 c.383 §13]
147.365
Law enforcement agencies to inform crime victims of compensation procedure;
agencies not civilly liable for failure to comply.
(1) All law enforcement agencies in this state shall deliver cards to victims
of crime stating the procedure to be followed in applying for compensation
under ORS 135.905 and 147.005 to 147.367.
(2) No law enforcement agency shall be
civilly liable for a failure to comply with subsection (1) of this section. [1977
c.376 §27]
SERVICES
TO VICTIMS OF ACTS OF MASS DESTRUCTION
147.367
Services to victims of acts of mass destruction; Department of Justice.
(1) The Department of Justice may initiate and participate in planning,
training and organizational efforts intended to prepare to deliver services to
individuals traumatized by an act of war, terrorism or sabotage or a criminal
act that results in the death of, or physical injury to, numerous individuals
or that results in the massive destruction of property.
(2) The department may assist in
delivering services to individuals traumatized by an act of war, terrorism or
sabotage or a criminal act that results in the death of, or physical injury to,
numerous individuals or that results in the massive destruction of property. [2003
c.770 §11]
147.375
[1987 c.241 §1; repealed by 2003 c.789 §10]
PAYMENT
OF COSTS OF MEDICAL ASSESSMENT
(Child
Abuse Medical Assessment)
147.390
Payment of expenses by department. (1)
Notwithstanding that a child is not a victim under ORS 147.015 (1), in cases of
suspected child sexual abuse as described in ORS 419B.005 (1)(a)(C), (D) or
(E), or child physical abuse by an adult or caretaker as otherwise described in
ORS 419B.005 (1)(a)(A), compensation may be made on behalf of the child for a
child abuse medical assessment as defined in ORS 418.782 or a medical
examination required by ORS 419B.023, if:
(a) The expenses are actually paid or
incurred by the applicant; and
(b) A claim is filed on behalf of the
child in the manner provided in ORS 147.015.
(2) The Department of Justice may pay
compensation for child abuse medical assessments or medical examinations
required by ORS 419B.023 regardless of whether a finding of abuse is made and
only if other insurance is unavailable. If the department pays compensation,
the department shall pay the compensation directly to the provider of the
services. The medical fee schedules for payment under this section shall be the
schedules adopted under ORS 147.035. [1997 c.872 §25; 2009 c.296 §3]
Note:
147.390 and 147.391 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 147 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
147.391
Limitation on obligation of Criminal Injuries Compensation Account under ORS
147.390. Notwithstanding ORS 147.390, when the
moneys provided from the Criminal Injuries Compensation Account for the
purposes of ORS 147.390 are expended for any cumulative time period within any
biennium, the Criminal Injuries Compensation Account shall have no further
obligations under ORS 147.390 for that time period. However, if the Criminal
Injuries Compensation Account has unexpended moneys provided for at the end of
any biennium, the balance shall be transferred to the account created by ORS
418.796. [1997 c.872 §26; 2001 c.829 §5]
Note:
See note under 147.390.
(Sexual
Assault Medical Assessment)
147.395
Definitions. As used in ORS 147.397:
(1) “Complete medical assessment” means an
assessment that consists of:
(a) A medical examination;
(b) The collection of forensic evidence
using an evidence collection kit approved by the Department of State Police;
and
(c) The offering and, if requested,
provision of emergency contraception, sexually transmitted disease prevention
and, for a victim who is 17 years of age or younger, prescriptions for
emergency contraception.
(2) “Medical assessment” means a complete
or partial medical assessment.
(3) “Partial medical assessment” means an
assessment that consists of:
(a) A medical examination; and
(b) The offering and, if requested,
provision of emergency contraception, sexually transmitted disease prevention
and, for a victim who is 17 years of age or younger, prescriptions for
emergency contraception. [2003 c.789 §1; 2007 c.268 §1]
Note:
147.395 to 147.399 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 147 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
147.397
Payment of costs; form; provider reimbursement.
(1) Subject to the availability of funds from gifts, grants and donations in
the Sexual Assault Victims’ Emergency Medical Response Fund, the Department of
Justice shall pay the costs of:
(a) A complete medical assessment obtained
by the victim of a sexual assault if the victim obtains the medical assessment
no later than 84 hours after the sexual assault.
(b) A partial medical assessment obtained
by the victim of a sexual assault if the victim obtains the medical assessment
no later than seven days after the sexual assault.
(2) The department may not deny payment
under this section for any of the following reasons:
(a) The victim of a sexual assault has not
reported the assault to a law enforcement agency.
(b) The identity of a victim of a sexual
assault is not readily available to the department because forensic evidence
has been collected from the victim and preserved in a manner intended to
protect the victim’s identity.
(3) The department shall develop a form
that the victim of a sexual assault must complete if the victim wants the
department to pay for a medical assessment as provided in subsection (1) of
this section. The department shall make copies of the form available to
providers of medical assessments. The form must inform the victim that:
(a) A complete or partial medical
assessment can be obtained regardless of whether the victim reports the assault
to a law enforcement agency; and
(b) A complete or partial medical
assessment can be performed and evidence collected in a manner intended to
protect the victim’s identity.
(4) When the victim of a sexual assault
completes the form developed by the department under subsection (3) of this
section, the victim shall submit the form to the provider of the medical
assessment. The provider shall submit the form with a bill for the medical
assessment to the department. A provider who submits a bill under this
subsection may not bill the victim or the victim’s insurance carrier for the
medical assessment except to the extent that the department is unable to pay
the bill due to lack of funds or declines to pay the bill.
(5) Providers of medical assessments that
seek reimbursement under this section shall:
(a) Maintain records of medical
assessments that protect the identity of victims of sexual assault and keep
confidential the identity of victims who have not reported the sexual assault
to a law enforcement agency;
(b) Store forensic evidence collection
kits and transfer custody of the kits to a law enforcement agency having
jurisdiction over the geographic area where the provider is located; and
(c) Cooperate with law enforcement
agencies to develop and implement procedures that protect the identities of
victims while allowing retrieval and assessment of evidence collection kits and
related evidence.
(6) Law enforcement agencies that receive
evidence collection kits as provided by subsection (5) of this section shall
preserve the kits and any related evidence for at least six months.
(7) A provider may not charge the
department more for a complete medical assessment or a partial medical
assessment than the maximum amounts established by the department by rule for
the assessments.
(8) The victim of a sexual assault may obtain
a medical assessment and complete and submit a form under this section
regardless of whether the victim reports the sexual assault to a law
enforcement agency.
(9) This section does not require the
department to pay any costs of treatment for injuries resulting from the sexual
assault.
(10) The department may adopt rules
necessary to carry out the provisions of this section. [2003 c.789 §2; 2007
c.268 §2]
Note:
See note under 147.395.
147.399
Sexual Assault Victims’ Emergency Medical Response Fund.
(1) The Sexual Assault Victims’ Emergency Medical Response Fund is established,
separate and distinct from the General Fund. All moneys in the Sexual Assault
Victims’ Emergency Medical Response Fund are continuously appropriated to the
Department of Justice to be used for the purpose of carrying out the provisions
of ORS 147.397.
(2) The Department of Justice may accept
moneys from any source for the purpose of carrying out the provisions of ORS
147.397. The department shall deposit moneys accepted under this subsection in
the Sexual Assault Victims’ Emergency Medical Response Fund. [2003 c.789 §3]
Note:
See note under 147.395.
SEXUAL
ASSAULT RESPONSE
147.401
Sexual assault response teams. (1) The
district attorney in each county shall organize a sexual assault response team
to consist of:
(a) A representative of the district
attorney’s office;
(b) A representative of a
prosecution-based victim assistance program or unit;
(c) A sexual assault forensic examiner;
(d) At the discretion of the district
attorney, a representative of the county sheriff’s office or a representative
of local law enforcement agencies or both;
(e) A representative of a nonprofit agency
or program that receives moneys administered by the Department of Human
Services or the Department of Justice and that offers safety planning,
counseling, support or advocacy to victims of sexual assault; and
(f) Other persons the district attorney
considers necessary for the operation of the team or as recommended by the
team.
(2) Each team must meet:
(a) At least quarterly at a time appointed
by the district attorney of the county; and
(b) Independently of the county’s
multidisciplinary child abuse team.
(3)(a) Each team shall develop and adopt
protocols addressing the response to adult and adolescent sexual assault
victims in the county.
(b) Protocols adopted pursuant to
paragraph (a) of this subsection may incorporate by reference, in part or in
whole, protocols relating to child sexual abuse developed pursuant to ORS
418.747. [2011 c.511 §1]
Note:
147.401 and 147.403 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 147 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
147.403
Policies, guidelines and training requirements for providers of medical care to
sexual assault patients. (1) Each hospital, emergency
medical service provider, intermediate care facility, skilled nursing facility,
long term care facility and residential care facility in this state shall adopt
policies for the treatment or referral of acute sexual assault patients, if
such policies are not otherwise provided for by statute or administrative rule.
(2)(a) Each hospital, emergency medical
service provider, intermediate care facility, skilled nursing facility, long
term care facility and residential care facility in this state that performs
forensic medical examinations of sexual assault patients shall:
(A) Adopt, in addition to the facility’s
own guidelines, if any, the State of Oregon Medical Guideline for Sexual
Assault Evaluation of Adolescent and Adult Patients developed and published by
the Attorney General’s Sexual Assault Task Force.
(B) Except as provided in paragraph (b) of
this subsection, employ or contract with at least one sexual assault forensic
examiner who has completed didactic training sufficient to satisfy the training
requirement for certification by the Oregon SAE/SANE Certification Commission
established by the Attorney General.
(b) Paragraph (a)(B) of this subsection
does not apply to a hospital that performs forensic medical examinations only
of sexual assault patients who are minors. Such a hospital may use physicians
and nurses to conduct the examinations in consultation with a social worker
trained in assisting sexual assault victims who are minors. [2011 c.511 §2]
Note:
See note under 147.401.
Note:
Section 3, chapter 511, Oregon Laws 2011, provides:
Sec.
3. (1) A sexual assault response team must
comply with section 1 (3) of this 2011 Act [147.401 (3)] no later than December
31, 2012.
(2) A hospital, emergency medical service
provider, intermediate care facility, skilled nursing facility, long term care
facility or residential care facility must comply with section 2 (1) of this
2011 Act [147.403 (1)] no later than December 31, 2012.
(3)(a) A hospital, emergency medical
service provider, intermediate care facility, skilled nursing facility, long
term care facility or residential care facility that performs forensic medical
examinations of sexual assault patients must comply with section 2 (2)(a)(B) of
this 2011 Act no later than:
(A) December 31, 2012, if located in a
county with a population of more than 150,000 inhabitants.
(B) December 31, 2013, if located in a
county with a population of 150,000 or fewer inhabitants.
(b) For purposes of this subsection,
county population is determined as of the effective date of this 2011 Act [July
1, 2011], based on the most recently available data published or officially
provided by the Portland State University Population Research Center. [2011
c.511 §3]
CRIME
VICTIMS’ RIGHTS
147.405
Short title. Chapter 2, Oregon Laws 1987, shall be
known as the “CRIME VICTIMS’ BILL OF RIGHTS.” [1987 c.2 §1]
Note:
Legislative Counsel has substituted “chapter 2, Oregon Laws 1987,” for the
words “this Act” in sections 1, 2 and 18, chapter 2, Oregon Laws 1987, compiled
as 147.405, 147.410 and 147.415. Specific ORS references have not been
substituted, pursuant to 173.160. These sections may be determined by referring
to the 1987 Comparative Section Table located in Volume 20 of ORS.
147.410
Purpose. We, the people of the State of Oregon,
declare that victims of crime are entitled to fair and impartial treatment in
our criminal justice system. The purpose of chapter 2, Oregon Laws 1987, is to
declare to our legislature and our courts that victims’ rights shall be
protected at each stage of the criminal justice system. We reject the notion
that a criminal defendant’s rights must be superior to all others. By chapter
2, Oregon Laws 1987, we seek to secure balanced justice by eliminating
unbalanced rules. [1987 c.2 §2]
Note:
See note under 147.405.
147.415
Severability. If any section, portion, clause or
phrase of chapter 2, Oregon Laws 1987, is for any reason held to be invalid or
unconstitutional, the remaining sections, portions, clauses and phrases shall
not be affected but shall remain in full force in effect. [1987 c.2 §18]
Note:
See note under 147.405.
147.417
Victim to be notified of constitutional rights.
(1) As soon as is reasonably practicable in a criminal action in which there is
a victim, a law enforcement agency shall notify a person who reasonably appears
to be a victim of the offense of the person’s rights under section 42, Article
I of the Oregon Constitution. The notice may be oral or written. If exercise of
any of the rights depends upon the victim making a request, the law enforcement
agency shall include in the notice the time period in which the victim is
required to make the request. A law enforcement agency satisfies the
requirements of this section if the law enforcement agency:
(a) Provides notice to the victim named in
the accusatory instrument, the victim’s guardian or, in a homicide case, the
victim’s next of kin; and
(b) Presents, if written notice is given,
the notice directly to the victim or sends the notice to the last address given
to the law enforcement agency by the victim.
(2) Failure by a law enforcement agency to
properly notify the victim as required by this section:
(a) Is not grounds for setting aside a
conviction.
(b) Does not affect the validity of a
plea, except as provided by section 42 or 43, Article I of the Oregon
Constitution.
(3) Nothing in subsection (2) of this
section justifies a failure to properly notify the victim.
(4)(a) As used in this section, “law
enforcement agency” means the police agency that initially responds in the
case, the police agency that investigates the case or the district attorney who
prosecutes the case.
(b) The district attorney shall determine
if the notice required by this section has been given and, if not, shall
provide the notice. [1997 c.313 §5; 2009 c.178 §25]
Note:
147.417, 147.419 and 147.421 were enacted into law by the Legislative Assembly
but were not added to or made a part of ORS chapter 147 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
147.419
Authority of victim to obtain copy of transcript or tape of criminal
proceeding. In any criminal proceeding in which a
transcript, audiotape or videotape of the proceedings held in open court is
prepared, the victim may obtain a copy of the transcript or tape by paying the
court or the person who prepared the transcript or tape the actual cost of copying
it. [1997 c.313 §2]
Note:
See note under 147.417.
147.421
Information about defendant that public body is required to provide to victim.
(1) If a public body is the custodian of any of the following information, upon
the request of the victim, the public body shall provide to the victim any of
the following information of which it is the custodian and that is about the
defendant or convicted criminal:
(a) The conviction and sentence;
(b) Criminal history;
(c) Imprisonment; and
(d) Future release from physical custody.
(2) A public body, in its discretion, may
provide the requested information by furnishing the victim with copies of
public records. The public body may charge the victim its actual cost for
making public records available as provided in ORS 192.440 (4).
(3) As used in this section:
(a) “Criminal history” means a description
of the prior arrests, convictions and sentences of the person.
(b) “Future release” means the projected
or scheduled date of release of the person from confinement, the name and
location of the correctional facility from which the person is to be released
and the community where the person is scheduled to reside upon release.
(c) “Imprisonment” means the name and
location of the correctional facility in which the person is confined.
(d) “Public body” has the meaning given
that term in ORS 192.410. [1997 c.313 §6; 2007 c.467 §2]
Note:
See note under 147.417.
147.425
Personal representative. (1) As used in this section:
(a) “Health care provider” has the meaning
given that term in ORS 192.556.
(b) “Law enforcement agency” means:
(A) A city or municipal police department.
(B) A county sheriff’s office.
(C) The Oregon State Police.
(D) A district attorney.
(E) A police department established by a
university under ORS 352.383.
(F) A special campus security officer
commissioned under ORS 352.385 or 353.050.
(G) An authorized tribal police officer as
defined in section 1, chapter 644, Oregon Laws 2011.
(c) “Person crime” means a person felony
or person Class A misdemeanor, as those terms are defined in the rules of the
Oregon Criminal Justice Commission.
(d) “Personal representative” means a
person selected under subsection (2) of this section to accompany the victim of
a crime to certain phases of an investigation and prosecution.
(e) “Protective service worker” means an
employee or contractor of a local or state agency whose role it is to protect
children or vulnerable adults from abuse or neglect.
(2) A victim of a person crime, who is at
least 15 years of age at the time the crime is committed, may select a person
who is at least 18 years of age as the victim’s personal representative for
purposes of this section. The victim may not select a person who is a suspect
in, or a party or witness to, the crime as a personal representative.
(3) Except for grand jury proceedings and
child abuse assessments occurring at a child advocacy center recognized by the
Department of Justice, a personal representative may accompany the victim to
those phases of the investigation, including medical examinations, and
prosecution of the crime at which the victim is entitled or required to be
present.
(4) A health care provider, law
enforcement agency, protective service worker or court may not prohibit a
personal representative from accompanying a victim as authorized by subsection
(3) of this section unless the health care provider, law enforcement agency,
protective service worker or court believes that the personal representative
would compromise the process.
(5) A health care provider, law
enforcement agency, protective service worker or court is immune from any
liability, civil or criminal, that might otherwise be incurred or imposed with
respect to a decision under subsection (4) of this section to prohibit a personal
representative from accompanying a victim.
(6) The fact that a personal
representative was allowed or was not allowed to accompany a victim may not be
used as a basis for excluding otherwise admissible evidence.
(7) The fact that a victim has or has not
selected a personal representative under this section may not be used as
evidence in the criminal case. [2005 c.490 §1; 2011 c.506 §19; 2011 c.644 §21]
Note:
The amendments to 147.425 by section 44, chapter 644, Oregon Laws 2011, become
operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as
amended by section 77, chapter 644, Oregon Laws 2011. The text that is
operative on and after July 1, 2015, is set forth for the user’s convenience.
147.425.
(1) As used in this section:
(a) “Health care provider” has the meaning
given that term in ORS 192.556.
(b) “Law enforcement agency” means:
(A) A city or municipal police department.
(B) A county sheriff’s office.
(C) The Oregon State Police.
(D) A district attorney.
(E) A police department established by a
university under ORS 352.383.
(F) A special campus security officer
commissioned under ORS 352.385 or 353.050.
(c) “Person crime” means a person felony
or person Class A misdemeanor, as those terms are defined in the rules of the
Oregon Criminal Justice Commission.
(d) “Personal representative” means a
person selected under subsection (2) of this section to accompany the victim of
a crime to certain phases of an investigation and prosecution.
(e) “Protective service worker” means an
employee or contractor of a local or state agency whose role it is to protect
children or vulnerable adults from abuse or neglect.
(2) A victim of a person crime, who is at
least 15 years of age at the time the crime is committed, may select a person
who is at least 18 years of age as the victim’s personal representative for
purposes of this section. The victim may not select a person who is a suspect
in, or a party or witness to, the crime as a personal representative.
(3) Except for grand jury proceedings and
child abuse assessments occurring at a child advocacy center recognized by the
Department of Justice, a personal representative may accompany the victim to
those phases of the investigation, including medical examinations, and
prosecution of the crime at which the victim is entitled or required to be
present.
(4) A health care provider, law
enforcement agency, protective service worker or court may not prohibit a
personal representative from accompanying a victim as authorized by subsection
(3) of this section unless the health care provider, law enforcement agency,
protective service worker or court believes that the personal representative
would compromise the process.
(5) A health care provider, law
enforcement agency, protective service worker or court is immune from any
liability, civil or criminal, that might otherwise be incurred or imposed with
respect to a decision under subsection (4) of this section to prohibit a
personal representative from accompanying a victim.
(6) The fact that a personal
representative was allowed or was not allowed to accompany a victim may not be
used as a basis for excluding otherwise admissible evidence.
(7) The fact that a victim has or has not
selected a personal representative under this section may not be used as
evidence in the criminal case.
Note:
147.425 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 147 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
147.430
Speedy trial. (1) A victim in a criminal or juvenile
delinquency proceeding has the following rights:
(a) The right to have the trial or
adjudication, including the imposition and execution of the sentence or
disposition, conducted with all practicable speed.
(b) The right to the prompt and final
conclusion of the criminal or juvenile delinquency proceeding in any related
appellate or post-judgment proceeding.
(2) The sole remedy for a violation of the
rights described in subsection (1) of this section is for the trial or
proceeding to promptly occur or for the sentence to be promptly imposed or
executed. This remedy may not be imposed if the remedy would:
(a) Affect the defendant’s due process
right to adequately prepare and present a defense;
(b) Impair the right of the defendant to a
fair and impartial hearing in accordance with the Oregon and United States
Constitutions; or
(c) Impair the ability of the state to
prepare and locate witnesses.
(3) Nothing in this section authorizes:
(a) The dismissal of a criminal or
juvenile delinquency proceeding;
(b) The imposition of sanctions against
the state or the defendant; or
(c) A court to sever into separate trials
or proceedings a single charging instrument alleging criminal acts committed
against multiple victims.
(4) Upon the victim’s request, the state
may assert the rights of the victim on behalf of the victim.
(5) A victim who intends to assert a right
described in this section must assert the right:
(a) Orally, at any critical stage of the
proceedings as described in section 42, Article I of the Oregon Constitution;
or
(b) In writing, after providing a copy to
the parties.
(6) When a victim asserts a right
described in this section, the court may hold a hearing or resolve the issue
based on the record of the case.
(7) As used in this section, “victim”
means any person determined by the prosecuting attorney or the court to have
suffered direct financial, psychological or physical harm as a result of a
crime and, in the case of a victim who is a minor, the legal guardian of the
minor. [2009 c.563 §1]
Note:
147.430 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 147 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
147.433
Rights afforded upon request; notice; attendance; protection.
(1) To accord crime victims due dignity and respect, a victim in a criminal
proceeding described in subsection (2) of this section has, upon request to the
district attorney before a judgment of conviction is entered, the following
rights:
(a) The right to be notified by the
district attorney of the victims’ rights described in this section and ORS
138.627 and 144.750;
(b) The right to reasonable, accurate and
timely notice from the Attorney General when an appeal is taken in the criminal
proceeding;
(c) The right to reasonable, accurate and
timely notice from the counsel for the state when a conviction in the criminal
proceeding is the subject of a petition for post-conviction relief filed under
ORS 138.510 to 138.680;
(d) The right to attend any public hearing
related to the criminal proceeding that is conducted by an appellate court; and
(e) The right to be reasonably protected
from the offender, if the offender is present, at any related appellate or
post-conviction relief proceeding.
(2) The provisions of this section apply
only to criminal proceedings involving a defendant charged with or convicted
of:
(a) A person felony, as that term is
defined in the rules of the Oregon Criminal Justice Commission;
(b) A person Class A misdemeanor, as that
term is defined in the rules of the Oregon Criminal Justice Commission;
(c) Burglary in the first degree under ORS
164.225;
(d) A sex crime as defined in ORS 181.594;
or
(e) An attempt, conspiracy or solicitation
to commit a crime described in paragraph (a) or (b) of this subsection.
(3) As used in this section, “victim” has
the meaning given that term in ORS 131.007. [2010 c.89 §1]
Note:
147.433 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 147 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
147.438
Habeas corpus proceedings in federal court. In any
habeas corpus proceeding brought in federal court to which the State of Oregon
is a party, the state shall comply with the rights afforded to crime victims
under 18 U.S.C. 3771. Remedies for violations of 18 U.S.C. 3771 are as provided
under federal law. [2010 c.89 §5]
Note:
147.438 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 147 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
OREGON
DOMESTIC AND SEXUAL VIOLENCE SERVICES FUND
147.450
Definitions. As used in ORS 147.450 to 147.471:
(1) “Domestic violence” has the meaning
given that term in ORS 135.230; and
(2) “Sexual assault” means any unwanted
sexual contact as defined in ORS 163.305. [2001 c.870 §23; 2007 c.71 §40]
Note:
147.450 to 147.471 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 147 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
147.453
Oregon Domestic and Sexual Violence Services Fund.
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 among different levels of government in this
state in the delivery and funding of services. [2001 c.870 §24; 2009 c.411 §2]
Note:
See note under 147.450.
147.456
Plan for allocation of funds; Department of Justice.
(1) Prior to January 1, 2002, the Department of Justice shall develop a plan
for the allocation of funds that are appropriated under section 32, chapter
870, Oregon Laws 2001, in collaboration with:
(a) The Department of Human Services;
(b) The Department of State Police;
(c) The Oregon Coalition Against Domestic
and Sexual Violence;
(d) The Governor’s Council on Domestic
Violence;
(e) The Attorney General’s Sexual Assault
Task Force;
(f) Victims of domestic and sexual
violence;
(g) Representatives of county governments
and county human services departments;
(h) Representatives of local domestic
violence councils;
(i) Representatives of domestic violence
victim services providers or advocacy organizations; and
(j) Other interested organizations.
(2) The plan developed under subsection
(1) of this section shall:
(a) Set the criteria, procedures and
timelines for allocation of funds;
(b) Establish uniform systems for
reporting requirements, collecting statistical data and reporting measurable
outcomes for programs that receive funding;
(c) Set guidelines for the planning,
coordination and delivery of services by programs that receive funding;
(d) Provide a process whereby the
Department of Justice may review all findings from data collected from programs
that receive funding. If the department conducts a review, the department shall
use the information to develop future economic resources and services and to
coordinate services; and
(e) Further the purposes set forth in ORS
147.453. [2001 c.870 §26]
Note:
See note under 147.450.
147.459
Considerations in developing plan. The
Department of Justice, in developing the plan under ORS 147.456, shall consider
ways to:
(1) Balance funding for intervention,
infrastructure and prevention services;
(2) Prioritize services;
(3) Utilize local community plans
reflecting local program service needs;
(4) Establish programs and services for
victims of both domestic violence and sexual assault;
(5) Establish programs that are culturally
specific; and
(6) Ensure that there is a coordinated
community response to domestic violence and sexual assault and, to the extent
practicable, ensure that domestic violence and sexual assault services are
coordinated with other community services. [2001 c.870 §29]
Note:
See note under 147.450.
147.462
Limits on expenditures from fund. In
administering the Oregon Domestic and Sexual Violence Services Fund, the
Department of Justice shall:
(1) Expend no less than 15 percent of
moneys distributed under the plan developed under ORS 147.456 on sexual assault
services; and
(2) Expend no more than 10 percent of the
moneys distributed under the plan on administrative costs. [2001 c.870 §28;
2007 c.299 §1]
Note:
See note under 147.450.
147.465
Grantmaking; rules. (1) If sufficient funds are
available in the Oregon Domestic and Sexual Violence Services Fund, the
Attorney General or the Attorney General’s designee may make grants from the
fund to carry out the plan developed under ORS 147.456.
(2) The Attorney General may hire staff
necessary to accomplish the purposes of the plan developed under ORS 147.456.
(3) In accordance with ORS chapter 183,
the Attorney General shall adopt rules necessary to carry out the provisions of
ORS 147.450 to 147.471. [2001 c.870 §25; 2007 c.71 §41]
Note:
See note under 147.450.
147.468
Authority of Department of Justice. To the extent
that funds are available, the Department of Justice may:
(1) Pursue centralized training, technical
assistance, policy development and implementation;
(2) Conduct statewide community outreach
and public education;
(3) Develop innovative projects based on
demonstrated effectiveness that address domestic and sexual violence;
(4) Provide information and policy advice
based on current research and demonstrated effectiveness in Oregon and other
states, including successful local strategies; and
(5) Compile, analyze and distribute
materials to inform and support statewide coordinated planning. [2001 c.870 §27]
Note:
See note under 147.450.
147.471
Advisory council. (1) There is created an advisory
council that shall consist of at least 15, but not more than 20, members. The
council shall advise the Department of Justice on the administration of the policies
and practices of the domestic and sexual violence services program. Members
shall be appointed by and serve at the pleasure of the Attorney General.
Membership in the council shall:
(a) Accurately reflect the diversity of
the population in Oregon as well as the diversity of individuals needing
services;
(b) Be composed of both lay and
professionally trained individuals with expertise in domestic violence and
sexual assault services;
(c) Include representatives of other state
agencies providing services;
(d) Include representatives of
professional, civil or other public or private organizations;
(e) Include private citizens interested in
service programs; and
(f) Include recipients of assistance or
services or their representatives.
(2) Members of the advisory council may
not receive compensation for their services. Members of the advisory council
other than members employed in full-time public service shall be reimbursed by
the Department of Justice for their actual and necessary expenses incurred in
the performance of their duties. The reimbursement shall be subject to the
provisions of ORS 292.210 to 292.288. Members of the advisory council who are
employed in full-time public service may be reimbursed by their employing
agencies for their actual and necessary expenses incurred in the performance of
their duties. [2001 c.870 §30; 2007 c.71 §42]
Note:
See note under 147.450.
EFFECTUATION
OF CRIME VICTIMS’ CONSTITUTIONAL RIGHTS
147.500
Definitions. As used in ORS 147.500 to 147.550:
(1) “Authorized prosecuting attorney”
means a prosecuting attorney who, at the request of a victim, has agreed to
assert and enforce a right granted to the victim by section 42 or 43, Article I
of the Oregon Constitution.
(2) “Claim” means the allegation and proposed
remedy described in ORS 147.515 (1).
(3) “Crime” includes an act committed by a
person who is under 18 years of age that, if committed by an adult, would
constitute a misdemeanor or felony.
(4) “Criminal proceeding” means an action
at law in which a person is alleged, or has been adjudicated, to have committed
a crime for which there is a victim and that is conducted in the trial court
before or after sentencing or disposition.
(5) “Critical stage of the proceeding”
means:
(a) Release hearings or hearings to modify
the conditions of release, except hearings concerning release decisions at
arraignment;
(b) Preliminary hearings;
(c) Hearings related to the rescheduling
of trial;
(d) Hearings on motions or petitions:
(A) Conducted pursuant to ORS 40.210 or
135.139;
(B) To amend, dismiss or set aside a
charge, conviction, order or judgment; or
(C) To suppress or exclude evidence;
(e) Entry of guilty or no contest pleas;
(f) Trial;
(g) Restitution hearings;
(h) Sentencing;
(i) Probation violation or revocation
hearings if the crime of conviction is a felony or person Class A misdemeanor
and the victim has requested notice of the hearing from the prosecuting
attorney or the supervisory authority as defined in ORS 144.087;
(j) Hearings for relief from the
requirement to report as a sex offender;
(k) Hearings related to a deferred
sentencing agreement;
(L) Hearings designated as a critical
stage of the proceeding in ORS 419C.273; and
(m) Any other stage of a criminal
proceeding the court determines is a critical stage of the proceeding for
purposes of section 42, Article I of the Oregon Constitution.
(6) “Defendant” includes a person under 18
years of age alleged to be within the jurisdiction of the juvenile court under
ORS chapter 419C.
(7) “Plea hearing” means a hearing in
which a defendant enters a plea of guilty or no contest.
(8) “Plea of guilty or no contest”
includes:
(a) An admission by a person under 18
years of age that the person is within the jurisdiction of the juvenile court;
and
(b) If a juvenile court petition has been
filed, entering into a formal accountability agreement under ORS 419C.230 or
entering an authorized diversion program under ORS 419C.225.
(9) “Prosecuting attorney” means a
district attorney as defined in ORS 131.005. In a criminal proceeding conducted
in the juvenile court, “prosecuting attorney” includes the juvenile department.
(10) “Reasonable efforts to inform the
victim” includes, but is not limited to, providing information orally, in
writing, electronically or by mail to the victim’s last known address.
(11) “Sentencing hearing” includes the
dispositional phase of a juvenile delinquency proceeding under ORS chapter
419C.
(12) “Trial court” includes the juvenile
court.
(13) “Victim” means any person determined
by the prosecuting attorney or the court to have suffered direct financial,
psychological or physical harm as a result of the crime alleged in the criminal
proceeding and, in the case of a victim who is a minor, the legal guardian of
the minor.
(14) “Violent felony” means a felony in
which there was actual or threatened serious physical injury to a victim or a
felony sexual offense. [2009 c.178 §1]
Note:
147.500 to 147.550 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 147 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
147.502
General provisions. (1) A victim may assert a claim
under ORS 147.500 to 147.550 personally, through an attorney or through an
authorized prosecuting attorney.
(2) If the defendant or victim is
represented by counsel, counsel for the defendant or victim shall be served or
notified in lieu of service on or notification to a defendant or victim under
ORS 147.500 to 147.550.
(3) A court may not charge a filing fee,
service fee, motion fee or hearing fee for a proceeding under ORS 147.500 to
147.550.
(4) The time within which an act is to be
done under ORS 147.500 to 147.550 is determined under ORS 174.120 and 174.125.
(5) ORCP 17 applies to the provision of
documents to the court under ORS 147.500 to 147.550. [2009 c.178 §2]
Note:
See note under 147.500.
147.504
Scope. (1) ORS 147.500 to 147.550 effectuate
the provisions of sections 42 and 43, Article I of the Oregon Constitution, for
violations that occur in criminal proceedings and do not provide a remedy for
violations that occur in any other proceeding. A remedy for a violation of
section 42 or 43, Article I of the Oregon Constitution, in any other proceeding
may be enforced by writ of mandamus under ORS 34.105 to 34.240.
(2) Nothing in ORS 147.500 to 147.550:
(a) Affects the authority granted by law
to the prosecuting attorney to assert the public’s interest, including but not
limited to:
(A) Asserting rights granted to victims by
law; and
(B) Investigating and presenting to the
court evidence relating to restitution.
(b) Authorizes a court to order the
dismissal of a criminal proceeding or to grant a motion for judgment of
acquittal, in arrest of judgment or for a new trial.
(c) Reduces a defendant’s rights under the
United States Constitution or authorizes the suspension of a criminal
proceeding if the suspension would violate a right of a defendant guaranteed by
the Oregon Constitution or the United States Constitution. [2009 c.178 §19]
Note:
See note under 147.500.
147.508
Reconsideration of release decision. (1) At the
request of a victim, the prosecuting attorney may request that the court
schedule a hearing to reconsider a release decision if:
(a) The victim did not have notice of, or
an opportunity to be heard at, a hearing in which the court released the
defendant from custody or reduced the defendant’s security amount; and
(b) The victim’s request is made no later
than 30 days after the victim knew or reasonably should have known of the
release decision that is to be reconsidered.
(2) As used in this section, “release
decision” includes:
(a) Decisions made at arraignment; and
(b) Decisions made at hearings described
in ORS 419C.273 (4)(b)(A) to (C). [2009 c.178 §4; 2011 c.659 §2]
Note:
See note under 147.500.
147.510
Critical stage of criminal proceeding; notice to court.
(1) This section does not apply:
(a) In a juvenile delinquency proceeding;
or
(b) In a criminal case in which no person
has been determined to be the victim of the crime.
(2) At the beginning of each critical
stage of the proceeding:
(a) The prosecuting attorney shall inform
the court whether the victim is present.
(b) If the victim is not present, the
prosecuting attorney shall inform the court, based on the prosecuting attorney’s
knowledge, whether the victim requested advance notice of any critical stage of
the proceeding and, if so, whether the victim:
(A) Was notified of the date, time and
place of the proceeding;
(B) Was informed of the victim’s rights
implicated in the proceeding; and
(C) Indicated an intention to attend the
proceeding or requested that the prosecuting attorney assert a particular right
associated with the proceeding and, if the victim made such a request, whether
the prosecuting attorney agreed to do so.
(3) Subsection (2) of this section does
not apply in any criminal proceeding in which the prosecuting attorney provides
the court with the notice described in subsection (4) of this section.
(4) In all felony cases, no later than 21
days after the defendant is arraigned on an indictment, waives indictment or is
held to answer following a preliminary hearing, the prosecuting attorney shall
provide the court with a notice of compliance with victims’ rights on a form
prescribed by the Chief Justice of the Supreme Court or on a substantially
similar form that indicates whether:
(a) The prosecuting attorney, a person
known to the prosecuting attorney or a member of the prosecuting attorney’s
staff made reasonable efforts to inform the victim of the rights granted to the
victim by sections 42 (1)(a) to (f) and 43, Article I of the Oregon
Constitution;
(b) The charging instrument includes the
name or pseudonym of each victim known to the prosecuting attorney. If the
charging instrument does not include the name or pseudonym of each victim known
to the prosecuting attorney, the prosecuting attorney shall identify any victim
not included in the charging instrument, unless it would be impractical to do
so;
(c) The victim requested that the
prosecuting attorney assert and enforce a right granted to the victim by
section 42 or 43, Article I of the Oregon Constitution, and whether the
prosecuting attorney agreed to do so; and
(d) The victim requested to be informed in
advance of any critical stage of the proceeding.
(5) If the victim is present at a critical
stage of the proceeding, the prosecuting attorney shall inquire of the victim
whether the victim intends to assert a right granted to the victim by section
42 or 43, Article I of the Oregon Constitution, and shall report the results of
that inquiry to the court. The court may ask the victim for information about
any aspect of the rights granted to the victim by sections 42 and 43, Article I
of the Oregon Constitution.
(6)(a) Information provided to the court
under subsection (2) or (4) of this section may be based on information
obtained from a law enforcement agency, a member of the prosecuting attorney’s
staff, the prosecuting attorney’s file or an electronic data system or other
record keeping system regularly maintained by the office of the prosecuting
attorney.
(b) If the prosecuting attorney discovers
that information provided to the court under subsection (2) or (4) of this
section is no longer accurate, the prosecuting attorney shall orally provide
the court with updated information prior to or during the critical stage of the
proceeding that immediately follows the discovery. [2009 c.178 §3]
Note:
See note under 147.500.
147.512
Plea hearings, sentencing hearings and settlement conferences.
(1) Notwithstanding ORS 147.510, at the beginning of each judicial settlement
conference, plea hearing or sentencing hearing, the prosecuting attorney shall
inform the court whether the victim is present. If the victim is not present
and the case involves a defendant charged with a violent felony, the
prosecuting attorney shall inform the court whether the victim was informed of
the conference or hearing.
(2) In any case involving a defendant charged
with a violent felony:
(a) If the victim requests, the
prosecuting attorney shall make reasonable efforts to consult the victim before
making a plea offer and before entering into a final plea agreement.
(b) Before the court accepts a plea of
guilty or no contest:
(A) If the victim is present, the court
shall ask whether the victim was consulted regarding plea negotiations, if the
victim agrees or disagrees with the plea agreement as presented to the court
and whether the victim wishes to be heard regarding the plea agreement.
(B) If the victim is not present, the
court shall ask the prosecuting attorney whether the victim requested to be
informed and consulted regarding plea negotiations. If the victim made such a
request, the court shall ask the prosecuting attorney what reasonable efforts
to inform and consult the victim concerning plea negotiations were made and
whether the victim agrees or disagrees with the plea agreement.
(c) If the court finds that the victim
requested consultation regarding plea negotiations and that the prosecuting
attorney failed to make reasonable efforts to consult the victim, the court
shall direct the prosecuting attorney to make reasonable efforts to consult the
victim and may not accept the plea unless the court makes a finding on the
record that the interests of justice require the acceptance of the plea.
(3) Before the court imposes sentence, the
court shall ask whether the victim wishes to express the views described in ORS
137.013. [2009 c.178 §5; 2011 c.659 §1]
Note:
See note under 147.500.
147.515
Claims. (1) A victim who wishes to allege a
violation of a right granted to the victim in a criminal proceeding by section
42 or 43, Article I of the Oregon Constitution, shall inform the court within
30 days of the date the victim knew or reasonably should have known of the
facts supporting the allegation. The victim shall describe the facts supporting
the allegation and propose a remedy.
(2) The victim may inform the court of a
claim:
(a) On a form prescribed by the Chief
Justice of the Supreme Court; or
(b) On the record in open court and in the
presence of the defendant and the prosecuting attorney.
(3) If the victim informs the court of a
facially valid claim on a form under subsection (2)(a) of this section, the
court shall promptly issue the order to show cause described in ORS 147.517.
(4) If the victim informs the court of a
facially valid claim orally under subsection (2)(b) of this section and the
court determines:
(a) That each person entitled to notice of
the claim and a reasonable opportunity to be heard is present, the court shall
hold a hearing under ORS 147.530 as soon as practicable; or
(b) That any person entitled to notice of
the claim and a reasonable opportunity to be heard is not present, the court
shall issue the order to show cause described in ORS 147.517.
(5) If the court determines that the
victim has not alleged a facially valid claim, the court shall enter an order
dismissing the claim. The order must:
(a) Include the reasons the claim was
dismissed;
(b) Be without prejudice to file, within
seven days from the date the victim receives the order dismissing the claim, a
corrected claim for the sole purpose of correcting the deficiency identified by
the court; and
(c) Be in writing, unless the order is
issued on the record in open court in the presence of the victim, the
prosecuting attorney and the defendant. If the court issues the order orally
under this paragraph, the court shall issue a written order as soon as
practicable.
(6) If a victim informs the court of a
claim orally and the court does not immediately hear the matter, the court may
require the victim to complete the form described in subsection (2)(a) of this
section. [2009 c.178 §6; 2011 c.659 §3]
Note:
See note under 147.500.
147.517
Notice; order to show cause; response. (1)(a) Except
as provided in subsection (3) of this section, the victim or the prosecuting
attorney shall provide notice of a claim asserted by the victim to any person
the victim wishes to have bound by an order granting relief by providing the
person with a copy of the order to show cause described in this section. The
victim or prosecuting attorney shall provide the court with a mailing address
for any person the victim or prosecuting attorney provides with a copy of the
order to show cause under this paragraph.
(b) An order granting relief under ORS
147.520 or 147.530 is not enforceable against, and has no legal effect on, any
person who did not receive notice or have knowledge of the claim and did not
have a reasonable opportunity to be heard regarding the claim.
(2) Upon receipt of a facially valid claim
under ORS 147.515 (3) or (4)(b), the court shall issue an order to show cause
why the victim should not be granted relief. The court shall, after considering
the requirements of ORS 147.530 (5)(a), include in the order to show cause the
date:
(a) By which responses to the claim must
be submitted to the court; and
(b) On which the court will conduct a
hearing on timely responses to the claim.
(3) The court shall provide a copy of the
order to show cause and of the form described in ORS 147.515 (2)(a), if the
form was completed, to:
(a) The victim;
(b) The prosecuting attorney; and
(c) The defendant.
(4)(a) If the court issues an order to show
cause under this section, a victim, the prosecuting attorney, the defendant or
any person against whom relief is requested may contest the claim by filing a
response with the court before the date specified in the order under subsection
(2)(a) of this section.
(b)(A) When a claim alleges a violation of
a right granted to the victim under section 42, Article I of the Oregon
Constitution, the prosecuting attorney may file an ex parte response that
includes an affidavit setting forth good cause to suspend the rights
established in section 42, Article I of the Oregon Constitution.
(B) The court shall review the response
and affidavit in camera. If the court finds that the prosecuting attorney has a
good faith belief that the criminal proceeding involves a minor victim or
organized crime, as that term is defined in ORS 180.600, and the court finds
good cause to suspend the rights established in section 42, Article I of the
Oregon Constitution, the court shall enter an order suspending those rights.
The order may not include the facts that formed the basis of the suspension.
(C) The prosecuting attorney shall make a
reasonable effort to provide notice of the suspension to the victim and the
defendant.
(D) The response and affidavit described
in this paragraph may not be disclosed and must be sealed and made a part of
the record for purposes of appellate review. [2009 c.178 §7]
Note:
See note under 147.500.
147.520
Resolution of claim when response not filed. (1) If
a response to the order to show cause issued under ORS 147.517 is not timely
filed, the court shall:
(a) Make factual findings supported by the
record; and
(b) Determine whether the factual findings
constitute a violation of a right granted to the victim by section 42 or 43,
Article I of the Oregon Constitution.
(2) If the court determines that the
victim’s rights:
(a) Have been violated, except as provided
in paragraph (c) of this subsection, the court shall issue an order after
giving due consideration to the proposed remedy.
(b) Have not been violated, the court
shall issue an order denying relief.
(c) Have been violated but that the Oregon
Constitution or the United States Constitution prohibits all appropriate
remedies or that the court has suspended the rights of the victim under ORS 147.517
(4)(b), the court shall issue an order denying relief.
(3) The order issued under subsection (2)
of this section must be in writing and, except as provided in ORS 147.517
(4)(b)(B), must include the reasons relief was granted or denied.
(4) The court shall provide a copy of the
order issued under subsection (2) of this section to the victim, the
prosecuting attorney, the defendant and any person against whom relief was
ordered at the mailing address provided under ORS 147.517 (1)(a). [2009 c.178 §8]
Note:
See note under 147.500.
147.522
Issue that will have impact on trial; challenge to designation as victim or
victim’s presence at trial. (1) A victim or prosecuting
attorney who seeks a determination of an issue involving a right granted by
section 42 or 43, Article I of the Oregon Constitution, that will impact the
conduct of the trial shall file a motion within 35 days of the arraignment, or
of the defendant’s entry of the initial plea on an accusatory instrument,
whichever is sooner, unless the factual basis of the determination becomes
known to the movant at a later time and could not reasonably have been
discovered earlier, in which case the motion must be filed promptly.
(2) A defendant who seeks to challenge the
designation of a person as a victim shall:
(a) File a response to a claim under ORS
147.517 (4); or
(b) File a motion within seven days after
the date the victim first exercises a right granted by section 42 or 43,
Article I of the Oregon Constitution, unless the court finds good cause to
allow the motion at a later time.
(3) A defendant who seeks to object to a
victim’s presence at trial shall file a motion within 35 days of arraignment,
or of the defendant’s entry of the initial plea on an accusatory instrument,
whichever is sooner, unless the factual basis of the objection could not
reasonably be discovered earlier, in which case the motion must be filed
promptly.
(4) The court shall conduct a hearing on a
motion filed under this section and rule on the motion as soon as practicable.
The court may not grant relief under subsection (2) or (3) of this section
unless the designation of a person as a victim or the victim’s presence at
trial violates the Oregon Constitution or the United States Constitution. [2009
c.178 §9]
Note:
See note under 147.500.
147.525
Rescheduling matters affected by claim, response or motion.
(1) Pending the hearing described in ORS 147.530, the court may reschedule any
matter in the criminal proceeding that may directly impact, or be directly
impacted by, the claim, a response filed under ORS 147.517 (4) or a motion
filed under ORS 147.522. All other matters in the criminal proceeding shall
continue in the ordinary course.
(2) In determining whether to reschedule a
matter under subsection (1) of this section, in addition to other factors the
court considers important, the court shall consider:
(a) The likelihood that the requested
relief will be granted in light of the support in fact and law for the relief,
as shown in the claim, the response filed under ORS 147.517 (4) or the motion
filed under ORS 147.522;
(b) Whether the claim, response or motion
is made in good faith and not for the purpose of delay;
(c) The nature of the harm to the victim,
the prosecuting attorney, the defendant, any person against whom relief is
requested and the public that will likely result from rescheduling the matter;
(d) The rights guaranteed to the victim,
the prosecuting attorney, the defendant and any person against whom relief is
requested under the Oregon Constitution or the United States Constitution and
under Oregon statutory and decisional law; and
(e) Whether the defendant is in custody
and, if so, whether the defendant has expressly consented to a continuance of
the trial under ORS 136.290.
(3) A pretrial release decision may not be
continued under this section for more than 14 days.
(4) Unless the court finds good cause to
continue the trial to a later date, a trial may not be continued under this
section for more than 14 days. [2009 c.178 §10]
Note:
See note under 147.500.
147.530
Hearing on claim, response or motion; order. (1) A
hearing on a claim, a response filed under ORS 147.517 (4) or a motion filed
under ORS 147.522 shall be conducted in accordance with this section.
(2) At the hearing, the court may receive
evidence relevant to the claim or motion.
(3) As to a particular fact at issue, the
court shall find against the person bearing the burden of persuasion unless the
person proves the fact by a preponderance of the evidence.
(4) If the court determines that the
moving party:
(a) Is entitled to relief, the court
shall, after giving due consideration to the requested relief, issue an order.
(b) Is not entitled to relief or that the
Oregon Constitution or the United States Constitution prohibits all appropriate
relief, the court shall issue an order denying relief.
(5) An order issued under subsection (4)
of this section must:
(a) Be issued within seven days from the
date the court issued an order to show cause under ORS 147.517, if an order to
show cause was issued, unless the court finds good cause to issue the order at
a later date.
(b) Except as provided in ORS 147.517
(4)(b)(B), include the reasons relief was granted or denied.
(c) Be in writing unless the order is
issued on the record in open court. If the court issues the order orally under
this paragraph, the court shall issue a written order as soon as practicable
indicating whether relief was granted or denied.
(6) The court shall provide a copy of the
order issued under subsection (4) of this section to the victim, the
prosecuting attorney, the defendant, any person who filed a response under ORS
147.517 (4) and any person against whom relief was ordered at the mailing
address provided under ORS 147.517 (1)(a). [2009 c.178 §11]
Note:
See note under 147.500.
147.533
Waiver of remedy. (1) A remedy under ORS 147.500
to 147.550 is waived if the remedy is requested:
(a) By a victim who had notice of a
related claim and did neither of the following:
(A) File a response under ORS 147.517 (4);
or
(B) Participate in a hearing under ORS
147.530; or
(b) By any person after:
(A) The date determined by the court under
ORS 147.517 (2)(a) if the person is filing a response;
(B) The period of time described in ORS
147.522 if the person is filing a motion; or
(C) Former jeopardy attaches, unless a
motion for new trial or a motion in arrest of judgment is granted.
(2) Subsection (1) of this section does
not apply to:
(a) Remedies that may be effectuated after
the disposition of a criminal proceeding;
(b) The right to obtain information
described in section 42 (1)(b), Article I of the Oregon Constitution;
(c) The right to receive prompt
restitution described in section 42 (1)(d), Article I of the Oregon
Constitution;
(d) The right to have a copy of a
transcript described in section 42 (1)(e), Article I of the Oregon
Constitution; or
(e) Remedies requested in a subsequent
criminal proceeding arising after a state or federal court has granted a new
trial or sentencing, provided the remedy is not waived pursuant to subsection
(1) of this section in the subsequent criminal proceeding. [2009 c.178 §12]
Note:
See note under 147.500.
147.535
Appeals generally. (1)(a) Notwithstanding any other
provision of law and except as provided in paragraph (b) of this subsection,
appellate review of an order issued under ORS 147.515, 147.520 or 147.530 shall
be solely as provided in this section and ORS 147.537, 147.539 and 147.542.
(b) A defendant who seeks to appeal an
order issued under ORS 147.515, 147.520 or 147.530 must do so in the manner
provided for appeals in ORS chapter 138. The provisions of this section and ORS
147.537, 147.539 and 147.542 do not apply to an appeal under ORS chapter 138.
(c) Nothing in ORS 147.500 to 147.550
affects the ability of a defendant to petition for a writ of mandamus.
(2) Jurisdiction for appellate review of
an order issued under ORS 147.515, 147.520 or 147.530 is vested originally and
exclusively in the Supreme Court.
(3) Subject to ORS 147.542, the
jurisdiction of the Supreme Court is limited to the order for which appellate
review is sought and the trial court retains jurisdiction over all other
matters in the criminal proceeding.
(4) Appellate review of an order issued
under ORS 147.515, 147.520 or 147.530 shall be as provided in:
(a) ORS 147.537 if the order was issued
under ORS 147.520 or 147.530 in a criminal proceeding in which a defendant is
charged with a felony or a person Class A misdemeanor, as that term is defined
by rule of the Oregon Criminal Justice Commission, and the order arises from a
motion or claim alleging a violation that occurred prior to the pronouncement
in open court of the sentence or disposition after a plea, admission or trial
in the criminal proceeding.
(b) ORS 147.539 in all appeals arising
under ORS 147.500 to 147.550 except those described in paragraph (a) of this
subsection.
(5) The victim, the prosecuting attorney
or any person against whom relief was ordered has standing to seek appellate
review of an order unless, after notice and a reasonable opportunity to be
heard on the claim or motion that resulted in the order or a related claim or
motion, the person seeking appellate review did none of the following:
(a) Inform the court of a claim.
(b) File a response under ORS 147.517 (4).
(c) File a motion under ORS 147.522.
(d) Participate in a hearing under ORS
147.530. [2009 c.178 §13]
Note:
See note under 147.500.
147.537
Appellate review as matter of right; notice of interlocutory appeal; service;
response. (1) Appellate review of an order
described in ORS 147.535 (4)(a) must be initiated by filing a notice of
interlocutory appeal with the Supreme Court substantially in the form
prescribed by rule of the Supreme Court. Review of the order is a matter of
right.
(2) The person filing the notice of
interlocutory appeal shall be identified as the appellant and the defendant
shall be identified as the respondent. Any other person described in subsection
(6)(a) to (f) of this section who is a party to the appeal shall be identified
as a respondent.
(3) The notice of interlocutory appeal
must contain:
(a) A designation of those portions of the
trial court record, including oral proceedings, to be included in the record on
appeal; and
(b) A statement of why the notice is
timely.
(4) The appellant shall include with the
notice of interlocutory appeal the following materials:
(a) A copy of the order for which
appellate review is sought, which must be attached to the notice.
(b) Excerpts of the record necessary to
determine the question presented and the relief sought. An excerpt of record
must include a copy of the form described in ORS 147.515 (2)(a), if the form
was completed and provided to the trial court.
(c) A memorandum of law containing:
(A) A concise but complete statement of
facts material to a determination of the question presented and the relief
sought; and
(B) Supporting arguments and citations of
authority.
(5) The Supreme Court may:
(a) Direct a party to the appeal to
supplement the record with a copy of additional parts of the record or a
transcript of the parts of the oral proceedings in the trial court necessary to
determine the question presented and the relief sought; or
(b) Direct the trial court administrator
to forward all or part of the trial court record.
(6) The appellant shall serve a copy of
the notice of interlocutory appeal and the accompanying materials described in
subsection (4) of this section on the following other persons:
(a) The victim who asserted the claim that
resulted in the order being appealed and any victim who asserted a related
claim;
(b) Any person who filed a response under
ORS 147.517 (4) to the claim that resulted in the order being appealed or a
related claim;
(c) Any person who filed the motion that
resulted in the order being appealed or a related motion under ORS 147.522;
(d) Any person against whom relief was
sought in the hearing that resulted in the order being appealed or a related
hearing under ORS 147.530;
(e) The prosecuting attorney;
(f) The Attorney General;
(g) The defendant; and
(h) The office of public defense services
established under ORS 151.216, if the defendant is represented by appointed
counsel.
(7) The appellant shall serve a copy of
the notice of interlocutory appeal on:
(a) The trial court administrator; and
(b) The trial court transcript
coordinator, if the notice of interlocutory appeal contains a designation of
the oral proceedings before the trial court as part of the record on appeal.
(8)(a) Except as otherwise provided in
this subsection, the appellant shall serve and file the notice of interlocutory
appeal and, if applicable, the accompanying materials described in subsection
(4) of this section within seven days after the date the trial court issued the
order being appealed.
(b) The appellant shall serve the
prosecuting attorney and the Attorney General so that the copy of the notice of
interlocutory appeal and accompanying materials are received on the same day
the notice is filed with the Supreme Court.
(c) Except as provided in paragraph (b) of
this subsection, the appellant shall serve all persons described in subsections
(6) and (7) of this section so that the copy of the notice of interlocutory
appeal and, if applicable, accompanying materials are received no later than
one judicial day after the notice is filed.
(9) Within three days after receipt of a
notice of interlocutory appeal that contains a designation of record under
subsection (3) of this section, the trial court administrator shall forward to
the Supreme Court an audio record of the designated oral proceedings.
(10) If the Supreme Court directs a party
to provide a transcript of oral proceedings under subsection (5) of this
section, the party shall provide the transcript to the Supreme Court within
seven days after the date of the Supreme Court’s order.
(11)(a) The following requirements are
jurisdictional and may not be waived or extended:
(A) The timely filing of the original
notice of interlocutory appeal and accompanying materials described in
subsection (4) of this section with the Supreme Court; and
(B) The service of the notice of
interlocutory appeal within the time limits described in subsection (8) of this
section on all persons identified in subsection (6) of this section.
(b) Failure to timely serve a true and
complete copy of the accompanying materials described in subsection (4) of this
section is not jurisdictional, provided that the appellant made a good faith
effort to do so and substantially complied with those requirements.
(c) Notwithstanding paragraph (b) of this
subsection, the Supreme Court may dismiss the appeal as to any respondent if
the appellant, after receipt of a notice of noncompliance, does not promptly
cure a deficiency in the materials or if the failure to timely serve a true and
complete copy of the accompanying materials substantially prejudices the
respondent’s ability to respond to the appeal.
(12) A respondent may file a response,
which must be filed within seven days after the date the notice of
interlocutory appeal is filed with the Supreme Court.
(13)(a) Except as provided in paragraph
(b) of this subsection, the appellant may not file a reply.
(b) If the Supreme Court determines that
the case is unusually complex, due to the number of persons involved or the
existence of novel questions of law, and the court would benefit from
additional briefing, the court may extend the briefing schedule described in
this section and allow the appellant to file a reply.
(14) The appellant or respondent may
request oral argument. The Supreme Court may grant or deny a request for oral
argument or order oral argument on its own motion.
(15) At any time after submission of the
appellant’s memorandum of law, the Supreme Court, on its own motion or on the
motion of the respondent, may summarily affirm the trial court’s order, with or
without the submission of a response or oral argument, if the Supreme Court
determines that the appeal does not present a substantial question of law. A
motion for summary affirmance has no effect on the timelines described in this
section.
(16)(a) Except as provided in paragraph
(b) of this subsection, the Supreme Court shall issue its decision on appeal
under this section within 21 days after the date the notice of interlocutory
appeal is filed.
(b) The Supreme Court may issue a final
decision beyond the 21-day period if the court determines that the ends of
justice served by issuing a final decision at a later date outweigh the best
interests of the victim, the prosecuting attorney, the defendant, any person
against whom relief was ordered and the public.
(c) In making the determination under
paragraph (b) of this subsection, the Supreme Court shall consider:
(A) Whether the case is unusually complex,
due to the number of persons involved or the existence of novel questions of
law, and whether 21 days is an unreasonable amount of time for the court to
issue a decision; and
(B) Whether the failure to extend the
21-day period would be likely to result in a miscarriage of justice.
(17) Appellate review under this section
is confined to the record. The Supreme Court may not substitute its judgment
for that of the trial court as to any issue of fact and shall review challenges
to a factual finding for evidence in the record to support the finding. The
Supreme Court shall review for errors of law and, when the law delegates
discretion to the trial court, determine whether the trial court’s exercise of
discretion was outside the range of discretion delegated to the trial court.
(18) The Supreme Court may affirm, modify,
reverse or remand the trial court’s order. The court may reverse or remand the
order only if it finds that the order is unlawful in substance or procedure and
that the substantial rights of the appellant were prejudiced as a result.
(19) Notwithstanding any other provision
of law, a notice of interlocutory appeal and the response described in
subsection (12) of this section are filed under this section when those
documents are physically received by the Supreme Court or, if the documents are
filed electronically, as provided by rule of the Chief Justice of the Supreme
Court.
(20) In addition to any other method
authorized by law, service under this section may be accomplished by electronic
mail or facsimile transmission, in a manner consistent with any applicable
rules of appellate procedure. [2009 c.178 §14; 2011 c.659 §4]
Note:
See note under 147.500.
147.539
Discretionary review. Appellate review of an order
described in ORS 147.535 (4)(b) shall be as provided in ORS 147.537, except
that:
(1) The Supreme Court’s jurisdiction is
discretionary. The court may by rule prescribe the criteria the court will use
to decide whether to grant review. The initiating document is a petition for
review, but the petition must be accompanied by the same materials described in
ORS 147.537 (4), and the person seeking review shall be identified as the
petitioner.
(2) The respondent may elect not to file a
response until after the Supreme Court has decided to accept review, in which
case the response must be filed within seven days after the Supreme Court
issues an order granting review.
(3) ORS 147.537 (15) does not apply to
review under this section. The Supreme Court may dismiss a review improvidently
granted.
(4)(a) Except as provided in paragraph (b)
of this subsection, the Supreme Court shall issue its decision on appeal under
this section within 21 days after the date the court issued the order granting
review.
(b) The Supreme Court may issue a final
decision beyond the 21-day period if the court determines that the ends of
justice served by issuing a final decision at a later date outweigh the best
interests of the victim, the prosecuting attorney, the defendant, any person
against whom relief was ordered and the public. [2009 c.178 §15]
Note:
See note under 147.500.
147.542
Stay pending appeal. (1) The trial court shall stay
for a period of 21 days all matters that directly impact, or are directly
impacted by, the order on appeal:
(a) Upon receipt of a notice of
interlocutory appeal under ORS 147.537; or
(b) Upon the issuance of an order granting
review under ORS 147.539.
(2) The Supreme Court may extend or reduce
the length of or vacate the stay on its own motion or on the motion of a
victim, prosecuting attorney, defendant or any person against whom relief was
ordered.
(3) In making the determination described
in subsection (2) of this section, in addition to other factors the Supreme
Court considers important, the court shall consider:
(a) The likelihood that the appellant will
prevail on appeal in light of the support in fact and law for the appeal;
(b) Whether the appeal is taken in good
faith and not for the purpose of delay;
(c) The nature of the harm to the victim,
the prosecuting attorney, the defendant, any person against whom relief was
ordered and the public that will likely result from the grant or denial of a
stay;
(d) The rights guaranteed to the victim,
the prosecuting attorney, the defendant and any person against whom relief was
ordered under the Oregon Constitution or the United States Constitution and
under Oregon statutory and decisional law; and
(e) Whether the defendant is in custody
and, if so, whether the defendant has expressly consented to a continuance of
the trial under ORS 136.290. [2009 c.178 §16]
Note:
See note under 147.500.
147.545
Attorney General certification; intervention. (1)(a)
Prior to the Attorney General’s first appearance in an appellate court
proceeding in which the State of Oregon is a party and to which section 42 or
43, Article I of the Oregon Constitution, applies, the Attorney General shall
determine whether the Department of Justice has taken all reasonably
practicable steps to fulfill the rights granted by sections 42 and 43, Article
I of the Oregon Constitution, to the victim of the crime in the appellate
courts.
(b) Unless otherwise provided by rule or
order of the Chief Justice of the Supreme Court, the Attorney General shall, in
the cases described in paragraph (a) of this subsection, certify the results of
that determination to the court simultaneously with the Attorney General’s
first appearance.
(2) The Attorney General may intervene at
any time on behalf of the State of Oregon in any trial or appellate court
proceeding arising under ORS 147.500 to 147.550. [2009 c.178 §17]
Note:
See note under 147.500.
147.550
Establishment of requirements and procedures by Chief Justice by rule or order.
(1) The Chief Justice of the Supreme Court may, by rule or order, establish
requirements and procedures necessary to comply with the provisions of ORS 147.500
to 147.550.
(2) The Chief Justice of the Supreme Court
shall prescribe the forms described in ORS 147.510 (4) and 147.515 (2)(a). The
form described in ORS 147.515 (2)(a) must allow a victim to designate an
alternate mailing address or to substitute a person to receive notice or
service on behalf of the victim for the purposes of ORS 147.500 to 147.550. [2009
c.178 §18]
Note:
See note under 147.500.
Note:
Sections 20 and 21, chapter 178, Oregon Laws 2009, provide:
Sec.
20. (1) There is created the Task Force on
Victims’ Rights Enforcement consisting of the Attorney General and at least
nine members appointed as follows:
(a) The Attorney General shall appoint:
(A) Two members employed by or associated
with a group advocating for the rights of victims of crime;
(B) A member who represents the Department
of Justice Crime Victims’ Services Division;
(C) A lawyer routinely engaged in the
representation of persons charged with a crime, after consulting with
professional organizations serving such lawyers;
(D) A lawyer routinely engaged in
prosecuting persons charged with person felony crimes, after consulting with
professional organizations serving such lawyers;
(E) A lawyer routinely engaged in
prosecuting persons charged with a crime, after consulting with professional
organizations serving such lawyers; and
(F) Other persons the Attorney General
deems appropriate;
(b) The Chief Justice of the Supreme Court
shall appoint:
(A) A person employed by the Judicial
Department, other than a judge; and
(B) A judge; and
(c) The executive director of the office
of public defense services established under ORS 151.216 shall appoint a person
employed by the office of public defense services.
(2) The task force shall review the
implementation of sections 1 to 19 of this 2009 Act [147.500 to 147.550].
(3) The Attorney General shall serve as
chair of the task force and may establish a term of office for the members. The
task force shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the task force.
(4) Members serve at the pleasure of the
appointing authority. If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately effective.
(5) The task force shall prepare reports
that may include recommendations for legislation designed to improve, in a
cost-efficient manner, the protection of rights granted to victims of crime by
the Oregon Constitution. The task force shall submit a report to the President
of the Senate and the Speaker of the House of Representatives no later than:
(a) January 1, 2011; and
(b) January 1, 2013.
(6) Members of the task force are not
entitled to compensation or reimbursement for expenses and serve as volunteers
on the task force.
(7) The Department of Justice shall
provide staff support to the task force.
(8) All agencies of state government, as
defined in ORS 174.111, are directed to assist the task force in the
performance of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the members of the
task force consider necessary to perform their duties. [2009 c.178 §20]
Sec.
21. Section 20 of this 2009 Act is repealed
on June 30, 2013. [2009 c.178 §21]
147.575
Recommendations for achieving full compliance with victims’ rights laws; model
rules, procedures or policies. (1) The
Attorney General may adopt rules to establish a nonjudicial process,
independent of the process established in ORS 147.500 to 147.550 and applicable
to agencies in the executive branch of state government, district attorneys,
juvenile departments and local law enforcement agencies, to receive claims of
violations of rights granted to victims of crime in the criminal and juvenile
justice systems by law, to determine whether violations have occurred and to
make nonbinding recommendations for achieving full compliance with victims’
rights laws in the future.
(2) The Attorney General, in consultation
with agencies in the executive branch of state government, district attorneys,
juvenile departments and local law enforcement agencies, may promulgate model
rules, procedures or policies, applicable only to entities outside of the
judicial branch of state government, effectuating rights granted to victims by
law. Model rules, procedures or policies are not enforceable by law, but the
Attorney General may condition the provision of victim assistance funds or
support by the Department of Justice on compliance with such model rules,
procedures or policies. [2009 c.178 §22]
Note:
147.575 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 147 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
_______________