Chapter 147 — Chapter 147
130 sections in this chapter.
ORS 147.005 Definitions. As used in ORS 147.005 to 147.367 unless the context requires otherwise
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(1) “Applicant” means: (a) Any victim of a compensable crime who applies to the Department of Justice for compensation under ORS 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 o…
ORS 147.010 [Amended by 1973 c.32 §1; renumbered 133.743]
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[Repealed or reserved.]
ORS 147.015 Eligibility for compensation generally; rules. (1) A person is eligible for an award of compensation under ORS 147.005 to 147.367 if
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(a) 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; (b) The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the deat…
ORS 147.020 [Renumbered 133.747]
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[Repealed or reserved.]
ORS 147.025 Eligibility of person not victim or survivor 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)(a), 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
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(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 (1)(b) to (e) are met. (2) Notwithstanding that a person is not a survivor or dependent of a deceased victim under ORS 147.015 (1)(a), the person is e…
ORS 147.030 [Renumbered 133.753]
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[Repealed or reserved.]
ORS 147.035 Compensable losses; expiration of claim; rules. (1)(a) Except as otherwise provided in ORS 147.025 and 147.390, compensation may be awarded under ORS 147.005 to 147.367 only for losses described in this section
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(b) The maximum amount of compensation that may be awarded, in aggregate, to the victim and the survivors and dependents of a deceased victim is $47,000. (c) When a compensable crime results in: (A) Injury to a victim, the losses described in subsections (2), (4) and (7) of this …
ORS 147.040 [Renumbered 133.757]
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[Repealed or reserved.]
ORS 147.045 [1977 c.376 §6; 2012 c.81 §8; repealed by 2023 c.318 §8]
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[Repealed or reserved.]
ORS 147.050 [Renumbered 133.763]
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[Repealed or reserved.]
ORS 147.055 Emergency awards; amount; effect on final award. (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
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(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 dedu…
ORS 147.060 [Renumbered 133.767]
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[Repealed or reserved.]
ORS 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 within the five-year period after the commission of the compensable crime. [1985 c.552 §5]
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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.
ORS 147.070 [Renumbered 133.773]
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[Repealed or reserved.]
ORS 147.080 [Renumbered 133.777]
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[Repealed or reserved.]
ORS 147.090 [Renumbered 133.783]
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[Repealed or reserved.]
ORS 147.100 [Renumbered 133.787]
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(Compensation Procedure)
ORS 147.105 Application for compensation; contents; additional information or materials; amended applications; effect of incarceration of applicant. (1) An applicant for compensation under ORS 147.005 to 147.367 must file an application under oath on a form furnished by the Department of Justice. The application shall include
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(a) The name and address of the victim; (b) If the victim is deceased, the name and address of the applicant and relationship to the victim, the names and addresses of the victim’s dependents and the extent to which each is so dependent; (c) The date and nature of the crime or at…
ORS 147.110 [Amended by 1973 c.836 §123; renumbered 133.793]
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[Repealed or reserved.]
ORS 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 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
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(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, sexual abu…
ORS 147.120 [Renumbered 133.797]
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[Repealed or reserved.]
ORS 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
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(a) Need not consider whether or not the alleged assailant has been apprehended or brought to trial or the result of any criminal proceedings against that person; (b) Shall determine the amount of the loss to the applicant and, in the case of a deceased victim, of the victim’s su…
ORS 147.130 [Renumbered 133.803]
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[Repealed or reserved.]
ORS 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
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(1) Its findings of fact; and (2) Its decision as to whether or not compensation is due under ORS 147.005 to 147.367. [1977 c.376 §14; 1999 c.129 §1; 2012 c.81 §11]
ORS 147.140 [Renumbered 133.805]
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[Repealed or reserved.]
ORS 147.145 Review of order; reconsideration; notice to applicant. (1) If the applicant disagrees with the order entered under ORS 147.135, the applicant may request review by the Department of Justice
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(2)(a) The department shall reconsider any order for which a request for review is received. The department shall notify the applicant of its decision on review within 30 days of the department’s receipt of the request for review. (b) If the department determines that the request…
ORS 147.150 [Amended by 1963 c.550 §1; 1973 c.836 §124; renumbered 133.807]
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[Repealed or reserved.]
ORS 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 may appeal to the Workers’ Compensation Board
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(2) The request for hearing shall be in writing. The request shall include the applicant’s address, shall be signed by the applicant and shall be mailed to the board. (3) The board shall conduct a hearing upon at least 10 days’ notice by mail to all interested persons. (4) A reco…
ORS 147.160 [Amended by 1973 c.836 §125; renumbered 133.809]
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[Repealed or reserved.]
ORS 147.165 Payment of awards; awards to minors and incompetents. (1) The award made under ORS 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
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(2) Where a person eligible to receive an award under ORS 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 s…
ORS 147.170 [Amended by 1973 c.836 §126; renumbered 133.813]
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[Repealed or reserved.]
ORS 147.180 [Amended by 1973 c.836 §127; renumbered 133.815]
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[Repealed or reserved.]
ORS 147.190 [Renumbered 133.817]
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[Repealed or reserved.]
ORS 147.200 [Renumbered 133.823]
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(Administrative Provisions)
ORS 147.205 Authority of Department of Justice; assistance from other agencies; examination of victims; reports to Governor and Legislative Assembly; rules. (1) To carry out the provisions and purposes of ORS 147.005 to 147.367, the Department of Justice has the power and duty to
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(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 o…
ORS 147.210 [Renumbered 133.825]
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[Repealed or reserved.]
ORS 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 147.005 to 147.367
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(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; 2012 c.81 §14]
ORS 147.220 [Amended by 1961 c.389 §4; renumbered 133.827]
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[Repealed or reserved.]
ORS 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 147.005 to 147.367, 147.390 and 147.397. [1977 c.376 §22; 2003 c.789 §§4,6; 2007 c.23 §2; 2007 c.268 §4; 2012 c.81 §15; 2020 s.s.2 c.10 §30]
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[Repealed or reserved.]
ORS 147.227 Disbursement of moneys to be used for victims’ assistance programs; qualifications; rules. (1) The Attorney General shall disburse a portion of the moneys that the Criminal Injuries Compensation Account receives from the Criminal Fine Account to counties and cities where prosecuting attorneys maintain victims’ assistance programs approved by the Attorney General. Upon receipt of the moneys, the counties and cities shall provide the moneys to the prosecuting attorney therein to be used exclusively for the approved victims’ assistance program
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(2) To qualify for approval by the Attorney General under this section, a victims’ assistance program must: (a) Be administered by the district attorney of the county or city attorney of the city; (b) Provide services to victims of all crimes; (c) Give service priority to victims…
ORS 147.230 [Amended by 1973 c.836 §128; renumbered 133.833]
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[Repealed or reserved.]
ORS 147.231 Disbursement of moneys to agencies that 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 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, federal Violence Against Women Act grants and any other state or federal grants related to serving victims of violent crimes, property crimes and crimes involving fraud or deception, that are administered by the Attorney General or the Attorney General’s designee
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(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, “s…
ORS 147.235 [1961 c.389 §3; renumbered 133.837]
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[Repealed or reserved.]
ORS 147.240 Department of Justice to submit claims to account for payment of awards. After the entry of an award under ORS 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; 2012 c.81 §16]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 147.250 [Renumbered 133.839]
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[Repealed or reserved.]
ORS 147.253 [Renumbered 133.843]
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[Repealed or reserved.]
ORS 147.255 Recovery of moneys paid on fraudulent claims; recovery of fees. The Department of Justice may institute suit
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(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]
ORS 147.256 [Renumbered 133.845]
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[Repealed or reserved.]
ORS 147.259 [1983 c.725 §2; 1985 c.16 §448; 1985 c.761 §4; 1989 c.844 §2; repealed by 1987 c.905 §37]
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[Repealed or reserved.]