ORS Chapter 147

Chapter 147 — Victimsof Crime and Acts of Mass Destruction

2009 EDITION

VICTIMSOF CRIME & ACTS OF MASS DESTRUCTION

PROCEDUREIN CRIMINAL MATTERS GENERALLY

COMPENSATIONOF CRIME VICTIMS

(GeneralProvisions)

147.005 Definitions

147.015 Eligibilityfor compensation; generally

147.025 Eligibilityof person not victim or dependent of deceased victim

147.035 Compensablelosses; rules

147.045 Notificationof district attorney upon filing of compensation claim; deferral ofcompensation proceedings; emergency awards

147.055 Emergencyawards; amount; effect on final award

147.065 Limitationon time for commencing action for compensable crime

(CompensationProcedure)

147.105 Applicationfor compensation; contents; additional information or materials; amendedapplications; effect of criminal conviction of applicant

147.115 Confidentialityof application information; board proceedings; use of record; witnesses beforeboard

147.125 Determiningamount of compensation; deduction of other benefits

147.135 Processingcompensation application; order; contents

147.145 Reviewof order; reconsideration; notice to applicant

147.155 Appealto Workers’ Compensation Board; hearing; record; evidence considered; boarddetermination not subject to further review

147.165 Paymentof awards; awards to minors and incompetents

(AdministrativeProvisions)

147.205 Authorityof Department of Justice; assistance from other agencies; rules; examination ofvictims; reports to Governor and Legislative Assembly

147.215 AttorneyGeneral as legal adviser to department; assistance by governmental agencies

147.225 CriminalInjuries Compensation Account

147.227 Disbursementof moneys to be used for victims’ assistance programs; qualifications; rules

147.231 Disbursementof moneys to provide services to victims of crimes; rules

147.240 Departmentof Justice to submit claims to account for payment of awards

147.245 Dispositionof moneys recovered from assailant; disposition of gifts or grants

147.255 Recoveryof moneys paid on fraudulent claims; recovery of fees

147.275 Proceedsof compensable crime; escrow account for benefit of victims; notice;distribution; hearing; rules; definitions

(Recoveryof Assistance)

147.281 Definitions

147.283 Noticeto Department of Justice of claim or action to enforce claim for injuries

147.285 Creationof lien

147.287 Perfectionof lien

147.289 Noticeof lien; form

147.292 Noticeof amount of judgment, settlement or compromise

147.294 Liabilityof person making payment after notice of lien is recorded

147.296 Actionfor failure to provide notice

147.298 Whereaction may be initiated

(MiscellaneousProvisions)

147.305 Effectof criminal conviction on compensation proceedings

147.315 Chargingfees to applicants prohibited

147.325 Compensationnot subject to assignment or legal process prior to receipt by beneficiary

147.335 Compensationrights not to survive beneficiary; death of beneficiary after filing ofapplication

147.345 Statesubrogated to rights accruing to beneficiary; suit by state against assailant;disposition of proceeds; settlement

147.365 Lawenforcement agencies to inform crime victims of compensation procedure;agencies not civilly liable for failure to comply

SERVICESTO VICTIMS OF ACTS OF MASS DESTRUCTION

147.367 Servicesto victims of acts of mass destruction; Department of Justice

PAYMENTOF COSTS OF MEDICAL ASSESSMENT

(ChildAbuse Medical Assessment)

147.390 Childabuse medical assessment; payment by department

147.391 Limitationon obligation of Criminal Injuries Compensation Account under ORS 147.390

(SexualAssault Medical Assessment)

147.395 Definitions

147.397 Paymentof costs; form; provider reimbursement

147.399 SexualAssault Victims’ Emergency Medical Response Fund

CRIMEVICTIMS’ RIGHTS

147.405 Shorttitle

147.410 Purpose

147.415 Severability

147.417 Victimto be notified of constitutional rights

147.419 Authorityof victim to obtain copy of transcript or tape of criminal proceeding

147.421 Informationabout defendant that public body is required to provide to victim

147.425 Personalrepresentative

147.430 Speedytrial

OREGONDOMESTIC AND SEXUAL VIOLENCE SERVICES FUND

147.450 Definitions

147.453 OregonDomestic and Sexual Violence Services Fund

147.456 Planfor allocation of funds; Department of Justice

147.459 Considerationsin developing plan

147.462 Limitson expenditures from fund

147.465 Grantmaking;rules

147.468 Authorityof Department of Justice

147.471 Advisorycouncil

EFFECTUATIONOF CRIME VICTIMS’ CONSTITUTIONAL RIGHTS

147.500 Definitions

147.502 Generalprovisions

147.504 Scope

147.508 Reconsiderationof release decision

147.510 Criticalstage of criminal proceeding; notice to court

147.512 Pleaand sentencing hearings

147.515 Claims

147.517 Notice;order to show cause; response

147.520 Resolutionof claim when response not filed

147.522 Issuethat will have impact on trial; challenge to designation as victim or victim’spresence at trial

147.525 Reschedulingmatters affected by claim, response or motion

147.530 Hearingon claim, response or motion; order

147.533 Waiverof remedy

147.535 Appealsgenerally

147.537 Appellatereview as matter of right; notice of interlocutory appeal; service; response

147.539 Discretionaryreview

147.542 Staypending appeal

147.545 AttorneyGeneral certification; intervention

147.550 Establishmentof requirements and procedures by Chief Justice by rule or order

147.575 Recommendationsfor achieving full compliance with victims’ rights laws; model rules,procedures or policies

COMPENSATIONOF CRIME VICTIMS

(GeneralProvisions)

147.005Definitions.As used in ORS 135.905 and 147.005 to 147.367 unless the context requiresotherwise:

(1)“Applicant” means:

(a)Any victim of a compensable crime who applies to the Department of Justice forcompensation 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 ofthat 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 unm