2007 Oregon Code - Chapter 147 :: Chapter 147 - Victims of Crime and Acts of Mass Destruction
Chapter 147 —
Victims of Crime and Acts of Mass Destruction
2007 EDITION
VICTIMS OF CRIME & ACTS OF MASS
DESTRUCTION
PROCEDURE IN CRIMINAL MATTERS GENERALLY
COMPENSATION OF CRIME VICTIMS
(General Provisions)
147.005Â Â Â Â Definitions
147.015Â Â Â Â Eligibility
for compensation; generally
147.025Â Â Â Â Eligibility
of person not victim or dependent of deceased victim
147.035Â Â Â Â Amounts
and types of losses compensable; rules
147.045Â Â Â Â Notification
of district attorney upon filing of compensation claim; deferral of compensation
proceedings; emergency awards
147.055Â Â Â Â Emergency
awards; amount; effect on final award
147.065Â Â Â Â Limitation
on time for commencing action for compensable crime
(Compensation Procedure)
147.105Â Â Â Â Application
for compensation; contents; additional information or materials; amended
applications; effect of criminal conviction of applicant
147.115Â Â Â Â Confidentiality
of application information; board proceedings; use of record; witnesses before
board
147.125Â Â Â Â Determining
amount of compensation; deduction of other benefits
147.135Â Â Â Â Processing
compensation application; order; contents
147.145Â Â Â Â Review
of order; reconsideration; notice to applicant
147.155Â Â Â Â Appeal
to WorkersÂ’ Compensation Board; hearing; record; evidence considered; board
determination not subject to further review
147.165Â Â Â Â Payment
of awards; awards to minors and incompetents
(Administrative Provisions)
147.205Â Â Â Â Authority
of Department of Justice; assistance from other agencies; rules; examination of
victims; reports to Governor and Legislative Assembly
147.215Â Â Â Â Attorney
General as legal adviser to department; assistance by governmental agencies
147.225Â Â Â Â Criminal
Injuries Compensation Account
147.227Â Â Â Â Disbursement
of moneys to be used for comprehensive victimsÂ’ assistance programs; rules;
qualifications
147.231Â Â Â Â Disbursement
of moneys to provide services to victims of crimes; rules
147.240Â Â Â Â Department
of Justice to submit claims to account for payment of awards
147.245Â Â Â Â Disposition
of moneys recovered from assailant; disposition of gifts or grants
147.255Â Â Â Â Recovery
of moneys paid on fraudulent claims; recovery of fees
147.275Â Â Â Â Proceeds
of compensable crime; escrow account for benefit of victims; notice;
distribution; hearing; rules; definitions
(Recovery of Assistance)
147.281Â Â Â Â Definitions
147.283Â Â Â Â Notice
to Department of Justice of claim or action to enforce claim for injuries
147.285Â Â Â Â Creation
of lien
147.287Â Â Â Â Perfection
of lien
147.289Â Â Â Â Notice
of lien; form
147.292Â Â Â Â Notice
of amount of judgment, settlement or compromise
147.294Â Â Â Â Liability
of person making payment after notice of lien is recorded
147.296Â Â Â Â Action
for failure to provide notice
147.298Â Â Â Â Where
action may be initiated
(Miscellaneous Provisions)
147.305Â Â Â Â Effect
of criminal conviction on compensation proceedings
147.315Â Â Â Â Charging
fees to applicants prohibited
147.325Â Â Â Â Compensation
not subject to assignment or legal process prior to receipt by beneficiary
147.335Â Â Â Â Compensation
rights not to survive beneficiary; death of beneficiary after filing of
application
147.345Â Â Â Â State
subrogated to rights accruing to beneficiary; suit by state against assailant;
disposition of proceeds; settlement
147.365Â Â Â Â 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
147.367Â Â Â Â Services
to victims of acts of mass destruction; Department of Justice
PAYMENT OF COSTS OF MEDICAL ASSESSMENT
(Child Abuse Medical Assessment)
147.390Â Â Â Â Child
abuse medical assessment; payment by department
147.391Â Â Â Â Limitation
on obligation of Criminal Injuries Compensation Account under ORS 147.390
(Sexual Assault Medical Assessment)
147.395Â Â Â Â Definitions
147.397Â Â Â Â Payment
of costs; form; provider reimbursement
147.399Â Â Â Â Sexual
Assault VictimsÂ’ Emergency Medical Response Fund
CRIME VICTIMSÂ’ RIGHTS
147.405Â Â Â Â Short
title
147.410Â Â Â Â Purpose
147.415Â Â Â Â Severability
147.417Â Â Â Â Victim
to be notified of constitutional rights
147.419Â Â Â Â Authority
of victim to obtain copy of transcript or tape of criminal proceeding
147.421Â Â Â Â Information
about defendant that public body is required to provide to victim
147.425Â Â Â Â Personal
representative
147.450Â Â Â Â Definitions
147.453Â Â Â Â
147.456Â Â Â Â Plan
for allocation of funds; Department of Justice
147.459Â Â Â Â Considerations
in developing plan
147.462Â Â Â Â Limits
on expenditures from fund
147.465Â Â Â Â Grantmaking;
rules
147.468Â Â Â Â Authority
of Department of Justice
147.471Â Â Â Â Advisory
council
COMPENSATION OF CRIME VICTIMS
(General Provisions)
     147.005
Definitions. 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 victimÂ’s income
at the time of death or would have been so dependent but for the victimÂ’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
     (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
     (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 victimsÂ’
compensation program; or
     (F) Who is an
     (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]
     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 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 applicantÂ’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]
     147.020 [Renumbered 133.747]
     147.025
Eligibility of person not victim 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) 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]
     147.030 [Renumbered 133.753]
     147.035
Amounts and types of losses compensable; rules. (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 victimÂ’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 victimÂ’s residence
and adequate treatment is not available closer to the victimÂ’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 survivorÂ’s or dependentÂ’s
residence and adequate treatment is not available closer to the survivorÂ’s or
dependentÂ’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]
     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 victimÂ’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 victimÂ’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 applicantÂ’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 WorkersÂ’ 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 victimÂ’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 boardÂ’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 victimÂ’s
survivors or dependents as determined under ORS 147.035;
     (c) Shall determine the degree or extent
to which the victimÂ’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 WorkersÂ’ 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 departmentÂ’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 departmentÂ’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 WorkersÂ’ 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 WorkersÂ’ Compensation Board.
     (2) The request for hearing shall be in
writing. The request shall include the applicantÂ’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 daysÂ’ 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; rules;
examination of victims; reports to Governor and Legislative Assembly. (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 personÂ’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 comprehensive victimsÂ’ assistance programs;
rules; qualifications. (1)
The Attorney General or the Attorney GeneralÂ’s designee shall disburse a
portion 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 victimsÂ’ assistance programs
approved by the Attorney General or the Attorney GeneralÂ’s designee. Those
counties and cities shall provide the moneys to the prosecuting attorney
therein to be used exclusively for the comprehensive victimsÂ’ 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 GeneralÂ’s Office, the Oregon District
Attorneys Association and a prosecutorÂ’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 victimsÂ’ assistance program may 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 GeneralÂ’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
GeneralÂ’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 GeneralÂ’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; 2005 c.700 §7; 2007
c.24 §1]
     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 GeneralÂ’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 that are administered by the Attorney General or the Attorney GeneralÂ’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
GeneralÂ’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 §§5,7; 2007 c.23 §3; 2007 c.268 §5]
     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; rules; definitions. (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
individualÂ’s proceeds have been placed under this section and that no civil
actions by victims or dependents of deceased victims of the individualÂ’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 victimÂ’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 corporationÂ’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
                                  )          ss.
     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 departmentÂ’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
(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 decedentÂ’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 assailantÂ’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
Child abuse medical assessment; payment 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, 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.
     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 VictimsÂ’ 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 victimÂ’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 victimÂ’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 victimÂ’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 VictimsÂ’ Emergency Medical Response Fund. (1) The Sexual Assault VictimsÂ’ Emergency
Medical Response Fund is established, separate and distinct from the General
Fund. All moneys in the Sexual Assault VictimsÂ’ 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.
     Note: Section 8, chapter 789, Oregon Laws 2003,
provides:
     Sec.
8. No later than March 1,
2009, the Attorney General shall submit to the Legislative Assembly a report on
the operation of the Sexual Assault VictimsÂ’ Emergency Medical Response Fund
through January 31, 2009. The Attorney General shall include in the report:
     (1) The dollar amount of each claim
submitted to the fund;
     (2) The dollar amount paid on each
submitted claim and the reason for any partial payment or nonpayment of a
claim;
     (3) The dollar amount and source of gifts,
grants and donations to the fund; and
     (4) Recommendations, if any, for
legislation to improve the operation of the fund. [2003 c.789 §8; 2007 c.23 §4;
2007 c.268 §6]
CRIME VICTIMSÂ’
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
     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
personÂ’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 victimÂ’s guardian or, in a homicide case, the
victimÂ’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.
     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 192.519.
     (b) “Law enforcement agency” means:
     (A) A city or municipal police department.
     (B) A county sheriff’s office.
     (C) The
     (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 victimÂ’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.
     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
     (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.
     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
     (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 GeneralÂ’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
     (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
     (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.
_______________
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