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