USA Statutes : oregon
Title : TITLE 14 PROCEDURE IN CRIMINAL MATTERS GENERALLY
Chapter : Chapter 147 Victims of Crime and Acts of Mass Destruction
As used in ORS 135.905 and 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 135.905 and 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 or reckless act that results in serious bodily
injury or death of another person and which, if committed by a person of
full legal capacity, would be punishable as a crime in this state.
(5) “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.
(6) “Department” means the Department of Justice.
(7) “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.
(8) “Injury” means abuse of a corpse or actual bodily harm and,
with respect to a victim, includes pregnancy and mental or nervous shock.
(9) “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.
(10) “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.
(11) “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.
(12) “Survivor” means any spouse, parent, grandparent, guardian,
sibling, child or other immediate family member or household member of a
deceased victim.
(13) “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] A person is
eligible for an award of compensation under ORS 135.905 and 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 135.905
and 147.005 to 147.367 is filed with the department:
(a) Within six months 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](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) 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] (1) Losses
compensable under ORS 135.905 and 147.005 to 147.367 resulting from death
or injury to a victim include:
(a) In the case of injury:
(A) Reasonable medical and hospital expenses, including
psychiatric, psychological or counseling expenses and further including,
in cases of:
(i) Child sexual abuse, rape of a child and exploitation described
in ORS 419B.005 (1)(a)(C), (D) or (E), counseling expenses of the
victim’s family up to a maximum amount of $20,000;
(ii) Domestic violence, as defined in ORS 135.230, counseling
expenses of children who witnessed the domestic violence up to a maximum
amount of $10,000; or
(iii) International terrorism, counseling expenses of a relative of
the victim up to a maximum amount of $1,000;
(B) Loss of earnings, not exceeding $400 per week up to a maximum
amount of $20,000;
(C) Rehabilitation up to a maximum amount of $4,000; and
(D) Transportation for medical care and mental health counseling
when the treatment is compensable under this section, the treatment is
provided more than 30 miles away from the victim’s residence and adequate
treatment is not available closer to the victim’s residence. Payment will
be made at a rate set by the Department of Justice up to a maximum amount
of $3,000.
(b) In the case of death:
(A) Reasonable funeral expenses up to a maximum amount of $5,000;
(B) Reasonable medical and hospital expenses up to a maximum amount
of $20,000;
(C) Loss of support to the dependents of the victim not exceeding
$400 per week up to a maximum amount of $20,000, less any amounts paid
for loss of earnings;
(D) Reasonable counseling expenses for the survivors of a deceased
victim up to a maximum amount of $20,000 for each deceased victim; and
(E) Transportation for mental health counseling when the treatment
is compensable under this section, the treatment is provided more than 30
miles away from the survivor’s or dependent’s residence and adequate
treatment is not available closer to the survivor’s or dependent’s
residence. Payment will be made at a rate set by the Department of
Justice up to a maximum amount of $3,000.
(2) Compensable losses do not include:
(a) Pain and suffering or property damage; or
(b) Aggregate damages to the victim and to the dependents of a
victim exceeding $44,000.
(3) Notwithstanding subsections (1) and (2) of this section, in the
case of abuse of corpse in any degree, losses compensable under ORS
135.905 and 147.005 to 147.367 resulting from the abuse of the corpse
include:
(a) Reasonable funeral expenses up to a maximum amount of $5,000;
and
(b) Reasonable counseling expenses for emotional distress up to a
maximum amount of $5,000 for each incident.
(4) Except as provided in subsection (5) of this section, a claim
for benefits expires and no further payments may be made with regard to
the claim when three years have elapsed since the entry of a
determination order under ORS 147.135 or when the victim, survivor or
dependent attains 21 years of age, whichever comes later. The extension
of benefits and payments until the victim, survivor or dependent attains
21 years of age applies to claims filed on or after August 4, 1991.
(5) If the victim has suffered catastrophic injuries, a claim for
benefits and payments may continue beyond the period described in
subsection (4) of this section. The Department of Justice shall adopt
rules defining catastrophic injuries and establishing the length of time
that a claim for benefits and payments may continue.
(6) The department shall adopt rules for medical fee schedules. The
schedules shall represent at least the 75th percentile of the usual and
customary fees charged to the public as determined by the department. An
applicant or victim may not be charged for the percentile amount reduced
by the department. [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](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] (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]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.(Compensation Procedure)(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](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](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] 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] 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](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] (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](Administrative Provisions)(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](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] 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 and
147.005 to 147.367 and section 2, chapter 789, Oregon Laws 2003. [1977
c.376 §22; 2003 c.789 §4]Note: The amendments to 147.225 by section 6, chapter 789, Oregon
Laws 2003, become operative January 1, 2008. See section 9 (4), chapter
789, Oregon Laws 2003. The text that is operative on and after January 1,
2008, is set forth for the user’s convenience.
147.225.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 and 147.005 to 147.367.(1) The Attorney
General or the Attorney General’s designee shall disburse up to one-half
of the moneys that the Criminal Injuries Compensation Account receives
from the Criminal Fine and Assessment Public Safety Fund to counties and
cities where prosecuting attorneys maintain comprehensive victims’
assistance programs approved by the Attorney General or the Attorney
General’s designee. Those counties and cities shall provide the moneys to
the prosecuting attorney therein to be used exclusively for the
comprehensive victims’ assistance program. Pursuant to consultation with
a three member advisory committee, which the Attorney General shall
establish administratively, and which shall consist of a representative
from the Attorney General’s Office, the Oregon District Attorneys
Association and a prosecutor’s victim assistance program, the Attorney
General shall adopt rules for equitable distribution of these moneys
among participating counties and cities.
(2) To qualify for approval under this section, a comprehensive
victims’ assistance program shall not restrict services only to victims
or witnesses of a particular type of crime, but shall provide services to
victims and witnesses generally. The program must also, in the
determination of the Attorney General or the Attorney General’s designee,
substantially accomplish the following:
(a) Provide comprehensive services to victims and witnesses of all
types of crime with particular emphasis on serious crimes against persons
and property, including, but not limited to:
(A) Informing victims and witnesses of their case status and
progress;
(B) Performing advocate duties for victims within the criminal
justice system;
(C) Assisting victims in recovering property damaged or stolen and
in obtaining restitution or compensation for medical and other expenses
incurred as a result of the criminal act;
(D) Preparing victims for pending court hearings by informing them
of procedures involved;
(E) Accompanying victims to court hearings;
(F) Involving victims, when possible, in the decision-making
process in the criminal justice system;
(G) Assisting victims in obtaining the return of property held as
evidence;
(H) Assisting victims with personal logistical problems related to
court appearances; and
(I) Developing community resources to assist victims of crime;
(b) Be administered by the district attorney of the county or city
attorney of the city;
(c) Assist victims of crimes in the preparation and presentation of
claims against the Criminal Injuries Compensation Account; and
(d) Generally encourage and facilitate testimony by victims of and
witnesses to criminal conduct.
(3) If a proposed victims’ assistance program, although not
substantially comprising all elements described in subsection (2) of this
section, nevertheless comprises a significant portion thereof and if, in
the determination of the Attorney General or the Attorney General’s
designee thereof, it would not be practicable at the current time for the
district attorney or city attorney to establish a more comprehensive
program, the Attorney General or the Attorney General’s designee thereof
may qualify the program under this section on a temporary basis and
subject to such conditions as the Attorney General or the designee shall
impose upon the program. [1987 c.905 §11; 1997 c.872 §30; 2001 c.829 §4]Note: The amendments to 147.227 by section 7, chapter 700, Oregon
Laws 2005, take effect July 1, 2007. See section 10, chapter 700, Oregon
Laws 2005. The text that is effective on and after July 1, 2007, is set
forth for the user’s convenience.
147.227. (1) The Attorney General or the Attorney General’s
designee shall disburse up to one-half of the moneys that the Criminal
Injuries Compensation Account receives from the Criminal Fine and
Assessment Account to counties and cities where prosecuting attorneys
maintain comprehensive victims’ assistance programs approved by the
Attorney General or the Attorney General’s designee. Those counties and
cities shall provide the moneys to the prosecuting attorney therein to be
used exclusively for the comprehensive victims’ assistance program.
Pursuant to consultation with a three member advisory committee, which
the Attorney General shall establish administratively, and which shall
consist of a representative from the Attorney General’s Office, the
Oregon District Attorneys Association and a prosecutor’s victim
assistance program, the Attorney General shall adopt rules for equitable
distribution of these moneys among participating counties and cities.
(2) To qualify for approval under this section, a comprehensive
victims’ assistance program shall not restrict services only to victims
or witnesses of a particular type of crime, but shall provide services to
victims and witnesses generally. The program must also, in the
determination of the Attorney General or the Attorney General’s designee,
substantially accomplish the following:
(a) Provide comprehensive services to victims and witnesses of all
types of crime with particular emphasis on serious crimes against persons
and property, including, but not limited to:
(A) Informing victims and witnesses of their case status and
progress;
(B) Performing advocate duties for victims within the criminal
justice system;
(C) Assisting victims in recovering property damaged or stolen and
in obtaining restitution or compensation for medical and other expenses
incurred as a result of the criminal act;
(D) Preparing victims for pending court hearings by informing them
of procedures involved;
(E) Accompanying victims to court hearings;
(F) Involving victims, when possible, in the decision-making
process in the criminal justice system;
(G) Assisting victims in obtaining the return of property held as
evidence;
(H) Assisting victims with personal logistical problems related to
court appearances; and
(I) Developing community resources to assist victims of crime;
(b) Be administered by the district attorney of the county or city
attorney of the city;
(c) Assist victims of crimes in the preparation and presentation of
claims against the Criminal Injuries Compensation Account; and
(d) Generally encourage and facilitate testimony by victims of and
witnesses to criminal conduct.
(3) If a proposed victims’ assistance program, although not
substantially comprising all elements described in subsection (2) of this
section, nevertheless comprises a significant portion thereof and if, in
the determination of the Attorney General or the Attorney General’s
designee thereof, it would not be practicable at the current time for the
district attorney or city attorney to establish a more comprehensive
program, the Attorney General or the Attorney General’s designee thereof
may qualify the program under this section on a temporary basis and
subject to such conditions as the Attorney General or the designee shall
impose upon the program.(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 section 2, chapter 789, Oregon Laws 2003. The
grants authorized by this section are in addition to federal Victims of
Crime Act grants 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.
(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]Note: The amendments to 147.231 by section 7, chapter 789, Oregon
Laws 2003, become operative January 1, 2008. See section 9 (4), chapter
789, Oregon Laws 2003. The text that is operative on and after January 1,
2008, is set forth for the user’s convenience.
147.231. (1) Subject to the availability of sufficient funds in the
Criminal Injuries Compensation Account, the Attorney General or the
Attorney General’s designee may make grants from the Criminal Injuries
Compensation Account to eligible public or private nonprofit agencies
that provide services to victims of violent crimes, property crimes and
crimes involving fraud and deception. The Attorney General may not make
grants unless there are sufficient funds in the Criminal Injuries
Compensation Account to satisfy both the projected compensation claims of
victims of violent crimes and the anticipated costs of complying with ORS
147.227. The grants authorized by this section are in addition to federal
Victims of Crime Act grants 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.
(6) The department shall adopt rules pursuant to ORS chapter 183 to
carry out the provisions of this section.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](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]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](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](Recovery of Assistance)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]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] 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] (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] 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]
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]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] 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] 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)
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] 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]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]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](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](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(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]COMPENSATION FOR CHILD ABUSE MEDICAL ASSESSMENT (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, 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 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]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.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.CRIME VICTIMS’ RIGHTS 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. 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. 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. (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
verbal 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 is not grounds for setting aside a
conviction or withdrawing a plea. However, nothing in this section
justifies such a failure.
(3)(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]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.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.(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 (3).
(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]Note: See note under 147.417. (1) As used in this section:
(a) “Health care provider” has the meaning given that term in ORS
192.519.
(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 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. [2005 c.490 §1]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.OREGON DOMESTIC AND SEXUAL VIOLENCE SERVICES FUNDAs used in ORS 147.450 to 147.471 and section
31, chapter 870, Oregon Laws 2001:
(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]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. There is
established in the State Treasury, separate and distinct from the General
Fund, the Oregon Domestic and Sexual Violence Services Fund. All moneys
in the fund are continuously appropriated to the Department of Justice
and shall be used by the department to carry out a program of domestic
and sexual violence services that:
(1) Provides safety for and assists victims of domestic violence
and sexual assault, promotes effective intervention and reduces the
incidence of domestic violence and sexual assault;
(2) Advocates for victims and for domestic violence and sexual
assault services; and
(3) Promotes and facilitates interagency and interdepartmental
cooperation among state agencies, including the Department of Human
Services and the Department of State Police, and among different levels
of government in this state in the delivery and funding of services.
[2001 c.870 §24]Note: See note under 147.450. (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. 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. 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 on sexual assault services; and
(2) Expend no more than five percent of the moneys distributed
under the plan on administrative costs. [2001 c.870 §28]Note: See note under 147.450. (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 and section 31, chapter 870, Oregon Laws 2001. [2001 c.870 §25]Note: See note under 147.450. 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. (1) After development of the plan
described in ORS 147.456 and presentation of the plan to the appropriate
interim legislative committee as required in section 31, chapter 870,
Oregon Laws 2001, 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]Note: See note under 147.450.
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