Oregon Statutes - Chapter 147 - Victims of Crime and Acts of Mass Destruction

• 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...
• 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...
• 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...
• 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:...
• 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...
• 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...
• 147.060   [Renumbered 133.767]
• 147.065   Limitation on time for commencing action for compensable crime.
  Notwithstanding ORS 12.110 the victim of any compensable crime as defined in ORS 147.005 or the victim’s representative may bring an action at any time...
• 147.070   [Renumbered 133.773]
• 147.080   [Renumbered 133.777]
• 147.090   [Renumbered 133.783]
• 147.100   [Renumbered 133.787]
• 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...
• 147.110   [Amended by 1973 c.836 §123; renumbered 133.793]
• 147.115   Confidentiality of application information; board proceedings; use of record; witnesses before board.
  (1) All information submitted to the Department of Justice by an applicant and all hearings of the Workers’ Compensation Board under ORS 135.905 and 147.005...
• 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...
• 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...
• 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...
• 147.150   [Amended by 1963 c.550 §1; 1973 c.836 §124; renumbered 133.807]
• 147.155   Appeal to Workers’ Compensation Board; hearing; record; evidence considered; board determination not subject to further review.
  (1) Any applicant who requests review by the Department of Justice under ORS 147.145 and who disagrees with the decision of the department on review...
• 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...
• 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]
• 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:...
• 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....
• 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...
• 147.227   Disbursement of moneys to be used for comprehensive victims’ assistance programs; rules; qualifications.
  (1) The Attorney General or the Attorney General’s designee shall disburse a portion of the moneys that the Criminal Injuries Compensation Account receives from the...
• 147.230   [Amended by 1973 c.836 §128; renumbered 133.833]
• 147.231   Disbursement of moneys to provide services to victims of crimes; rules.
  (1) Subject to the availability of sufficient funds in the Criminal Injuries Compensation Account, the Attorney General or the Attorney General’s designee may make grants...
• 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...
• 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....
• 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,...
• 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...
• 147.280   [Renumbered 133.855]
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 147.298   Where action may be initiated.
  The Department of Justice may initiate an action under ORS 147.294 and 147.296 in the circuit court for Marion County, the county where the compensable...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 147.375   [1987 c.241 §1; repealed by 2003 c.789 §10]
• 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...
• 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...
• 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...
• 147.397   Payment of costs; form; provider reimbursement.
  (1) Subject to the availability of funds from gifts, grants and donations in the Sexual Assault Victims’ Emergency Medical Response Fund, the Department of Justice...
• 147.399   Sexual Assault Victims’ Emergency Medical Response Fund.
  (1) The Sexual Assault Victims’ Emergency Medical Response Fund is established, separate and distinct from the General Fund. All moneys in the Sexual Assault Victims’...
• 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,...
• 147.410   Purpose.
  We, the people of the State of Oregon, declare that victims of crime are entitled to fair and impartial treatment in our criminal justice system....
• 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...
• 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...
• 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...
• 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...
• 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)...
• 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...
• 147.453   Oregon Domestic and Sexual Violence Services Fund.
  There is established in the State Treasury, separate and distinct from the General Fund, the Oregon Domestic and Sexual Violence Services Fund. All moneys in...
• 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,...
• 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)...
• 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...
• 147.465   Grantmaking; rules.
  (1) If sufficient funds are available in the Oregon Domestic and Sexual Violence Services Fund, the Attorney General or the Attorney General’s designee may make...
• 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...
• 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...

Last modified: August 7, 2008