Chapter 147 — Chapter 147
130 sections in this chapter.
ORS 147.468 Authority of Department of Justice. To the extent that funds are available, the Department of Justice may
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(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 …
ORS 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
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(a) Accurately reflect the diversity of the population in Oregon as well as the diversity of individuals needing services; (b) Be composed of both lay and professionally trained individuals with expertise in domestic violence and sexual assault services; (c) Include representativ…
ORS 147.480 Fund established; allocation of moneys; application; advisory committee; rules. (1) The Fund to End Commercial Sexual Exploitation of Children is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Fund to End Commercial Sexual Exploitation of Children shall be credited to the fund. All moneys deposited in the fund are continuously appropriated to the Department of Justice for the purposes of this section
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(2) The Department of Justice, with the advice of the advisory committee appointed under subsection (5) of this section, shall allocate moneys from the Fund to End Commercial Sexual Exploitation of Children to provide financial assistance to fund one or more of the following: (a)…
ORS 147.485 Training for state agencies and county juvenile departments. (1) As used in this section
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(a) “Adjudicated youth” has the meaning given that term in ORS 419A.004. (b) “State agency” means any state officer, board, commission, bureau or department, or division thereof, in the executive branch of state government. (c) “Youth” has the meaning given that term in ORS 419A.…
ORS 147.500 Definitions. As used in ORS 147.500 to 147.550
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(1) “Authorized prosecuting attorney” means a prosecuting attorney who, at the request of a victim, has agreed to assert and enforce a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution. (2) “Claim” means the allegation and proposed remedy descr…
ORS 147.502 General provisions. (1) A victim may assert a claim under ORS 147.500 to 147.550 personally, through an attorney or through an authorized prosecuting attorney
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(2) If the defendant or victim is represented by counsel, counsel for the defendant or victim shall be served or notified in lieu of service on or notification to a defendant or victim under ORS 147.500 to 147.550. (3) A court may not charge a filing fee, service fee, motion fee …
ORS 147.504 Scope. (1) ORS 147.500 to 147.550 effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding. A remedy for a violation of section 42 or 43, Article I of the Oregon Constitution, in any other proceeding may be enforced by writ of mandamus under ORS 34.105 to 34.240
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(2) Nothing in ORS 147.500 to 147.550: (a) Affects the authority granted by law to the prosecuting attorney to assert the public’s interest, including but not limited to: (A) Asserting rights granted to victims by law; and (B) Investigating and presenting to the court evidence re…
ORS 147.508 Reconsideration of release decision. (1) At the request of a victim, the prosecuting attorney may request that the court schedule a hearing to reconsider a release decision if
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(a) The victim did not have notice of, or an opportunity to be heard at, a hearing in which the court released the defendant from custody or reduced the defendant’s security amount; and (b) The victim’s request is made no later than 30 days after the victim knew or reasonably sho…
ORS 147.510 Critical stage of criminal proceeding; notice to court. (1) This section does not apply
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(a) In a juvenile delinquency proceeding; or (b) In a criminal case in which no person has been determined to be the victim of the crime. (2) At the beginning of each critical stage of the proceeding: (a) The prosecuting attorney shall inform the court whether the victim is prese…
ORS 147.512 Plea hearings, sentencing hearings and settlement conferences. (1) Notwithstanding ORS 147.510, at the beginning of each judicial settlement conference, plea hearing or sentencing hearing, the prosecuting attorney shall inform the court whether the victim is present. If the victim is not present and the case involves a defendant charged with a violent felony or bias crime in the first degree under ORS 166.165, the prosecuting attorney shall inform the court whether the victim was informed of the conference or hearing
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(2) In any case involving a defendant charged with a violent felony or bias crime in the first degree under ORS 166.165: (a) If the victim requests, the prosecuting attorney shall make reasonable efforts to consult the victim before making a plea offer and before entering into a …
ORS 147.515 Claims. (1) A victim who wishes to allege a violation of a right granted to the victim in a criminal proceeding by Article I, section 42 or 43, of the Oregon Constitution, shall inform the court within 30 days of the date the victim knew or reasonably should have known of the facts supporting the allegation. The victim shall describe the facts supporting the allegation and propose a remedy
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(2) The victim may inform the court of a claim: (a) On a form prescribed by the Chief Justice of the Supreme Court; or (b) On the record in open court and in the presence of the defendant and the prosecuting attorney. (3) If the victim informs the court of a facially valid claim …
ORS 147.517 Notice; order to show cause; response. (1)(a) Except as provided in subsection (3) of this section, the victim or the prosecuting attorney shall provide notice of a claim asserted by the victim to any person the victim wishes to have bound by an order granting relief by providing the person with a copy of the order to show cause described in this section. The victim or prosecuting attorney shall provide the court with a mailing address for any person the victim or prosecuting attorney provides with a copy of the order to show cause under this paragraph
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(b) An order granting relief under ORS 147.520 or 147.530 is not enforceable against, and has no legal effect on, any person who did not receive notice or have knowledge of the claim and did not have a reasonable opportunity to be heard regarding the claim. (2) Upon receipt of a …
ORS 147.520 Resolution of claim when response not filed. (1) If a response to the order to show cause issued under ORS 147.517 is not timely filed, the court shall
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(a) Make factual findings supported by the record; and (b) Determine whether the factual findings constitute a violation of a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution. (2) If the court determines that the victim’s rights: (a) Have been…
ORS 147.522 Issue that will have impact on trial; challenge to designation as victim or victim’s presence at trial. (1) A victim or prosecuting attorney who seeks a determination of an issue involving a right granted by section 42 or 43, Article I of the Oregon Constitution, that will impact the conduct of the trial shall file a motion within 35 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner, unless the factual basis of the determination becomes known to the movant at a later time and could not reasonably have been discovered earlier, in which case the motion must be filed promptly
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(2) A defendant who seeks to challenge the designation of a person as a victim shall: (a) File a response to a claim under ORS 147.517 (4); or (b) File a motion within seven days after the date the victim first exercises a right granted by section 42 or 43, Article I of the Orego…
ORS 147.525 Rescheduling matters affected by claim, response or motion. (1) Pending the hearing described in ORS 147.530, the court may reschedule any matter in the criminal proceeding that may directly impact, or be directly impacted by, the claim, a response filed under ORS 147.517 (4) or a motion filed under ORS 147.522. All other matters in the criminal proceeding shall continue in the ordinary course
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(2) In determining whether to reschedule a matter under subsection (1) of this section, in addition to other factors the court considers important, the court shall consider: (a) The likelihood that the requested relief will be granted in light of the support in fact and law for t…
ORS 147.530 Hearing on claim, response or motion; order. (1) A hearing on a claim, a response filed under ORS 147.517 (4) or a motion filed under ORS 147.522 shall be conducted in accordance with this section
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(2) At the hearing, the court may receive evidence relevant to the claim or motion. (3) As to a particular fact at issue, the court shall find against the person bearing the burden of persuasion unless the person proves the fact by a preponderance of the evidence. (4) If the cour…
ORS 147.533 Waiver of remedy. (1) A remedy under ORS 147.500 to 147.550 is waived if the remedy is requested
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(a) By a victim who had notice of a related claim and did neither of the following: (A) File a response under ORS 147.517 (4); or (B) Participate in a hearing under ORS 147.530; or (b) By any person after: (A) The date determined by the court under ORS 147.517 (2)(a) if the perso…
ORS 147.535 Appeals generally. (1)(a) Notwithstanding any other provision of law and except as provided in paragraph (b) of this subsection, appellate review of an order issued under ORS 147.515, 147.520 or 147.530 shall be solely as provided in this section and ORS 147.537, 147.539 and 147.542
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(b) A defendant who seeks to appeal an order issued under ORS 147.515, 147.520 or 147.530 must do so in the manner provided for appeals in ORS chapter 138. The provisions of this section and ORS 147.537, 147.539 and 147.542 do not apply to an appeal under ORS chapter 138. (c) Not…
ORS 147.537 Appellate review as matter of right; notice of interlocutory appeal; service; response. (1) Appellate review of an order described in ORS 147.535 (4)(a) must be initiated by filing a notice of interlocutory appeal with the Supreme Court substantially in the form prescribed by rule of the Supreme Court. Review of the order is a matter of right
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(2) The person or party filing the notice of interlocutory appeal shall be identified as the appellant and the defendant shall be identified as the respondent. Any other person described in subsection (6)(a) to (f) of this section who is a party to the appeal shall be identified …
ORS 147.539 Discretionary review. Appellate review of an order described in ORS 147.535 (4)(b) shall be as provided in ORS 147.537, except that
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(1) The Supreme Court’s jurisdiction is discretionary. The court may by rule prescribe the criteria the court will use to decide whether to grant review. The initiating document is a petition for review, but the petition must be accompanied by the same materials described in ORS …
ORS 147.542 Stay pending appeal. (1) The trial court shall stay for a period of 21 days all matters that directly impact, or are directly impacted by, the order on appeal
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(a) Upon receipt of a notice of interlocutory appeal under ORS 147.537; or (b) Upon the issuance of an order granting review under ORS 147.539. (2) The Supreme Court may extend or reduce the length of or vacate the stay on its own motion or on the motion of a victim, prosecuting …
ORS 147.545 Attorney General certification; intervention. (1)(a) Prior to the Attorney General’s first appearance in an appellate court proceeding in which the State of Oregon is a party and to which Article I, section 42 or 43, of the Oregon Constitution, applies, the Attorney General shall determine whether the Department of Justice has taken all reasonably practicable steps to fulfill the rights granted by Article I, sections 42 and 43, of the Oregon Constitution, to the victim of the crime in the appellate courts
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(b) Unless otherwise provided by rule or order of the Chief Justice of the Supreme Court, the Attorney General shall, in the cases described in paragraph (a) of this subsection, certify the results of that determination to the court simultaneously with the Attorney General’s firs…
ORS 147.550 Establishment of requirements and procedures by Chief Justice by rule or order. (1) The Chief Justice of the Supreme Court may, by rule or order, establish requirements and procedures necessary to comply with the provisions of ORS 147.500 to 147.550
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(2) The Chief Justice of the Supreme Court shall prescribe the forms described in ORS 147.510 (4) and 147.515 (2)(a). The form described in ORS 147.515 (2)(a) must allow a victim to designate an alternate mailing address or to substitute a person to receive notice or service on b…
ORS 147.560 Task Force on Victims’ Rights Enforcement; duties; reports. (1) There is created the Task Force on Victims’ Rights Enforcement consisting of the Attorney General and at least nine members appointed as follows
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(a) The Attorney General shall appoint: (A) Two members employed by or associated with a group advocating for the rights of victims of crime; (B) A member who represents the Department of Justice Crime Victims’ Services Division; (C) A lawyer routinely engaged in the representati…
ORS 147.575 Recommendations for achieving full compliance with victims’ rights laws; model rules, procedures or policies. (1) The Attorney General may adopt rules to establish a nonjudicial process, independent of the process established in ORS 147.500 to 147.550 and applicable to agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement agencies, to receive claims of violations of rights granted to victims of crime in the criminal and juvenile justice systems by law, to determine whether violations have occurred and to make nonbinding recommendations for achieving full compliance with victims’ rights laws in the future
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(2) The Attorney General, in consultation with agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement agencies, may promulgate model rules, procedures or policies, applicable only to entities outside of the judicia…
ORS 147.600 Confidentiality of certain victim communications and records; exception. (1) As used in this section
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(a) “Certified advocate” means a person who: (A) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and (B) Is an employee or a volunteer of a qualified victim services pr…
ORS 147.605 Definitions for ORS 147.607 and 147.610. As used in ORS 147.607 and 147.610
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(1) “Offender” means a person who has engaged in the commission of a crime. (2) “Participant” means a person who is a crime victim, survivor or offender. (3) “Restorative justice communication” means: (a) All communications, written and oral that are made in the course of, or in …
ORS 147.607 Legislative findings. The Legislative Assembly finds and declares that
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(1) Restorative justice programs can promote justice and healing for crime victims and survivors. (2) A facilitated dialogue is most successful when it is conducted in a manner that fosters the participants’ maximum openness about a crime, or the impact of the crime, by providing…
ORS 147.610 Confidentiality of restorative justice communications; exceptions. (1) Except as provided in this section, restorative justice communications are confidential, exempt from public disclosure and
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(a) May not be used or disclosed by any restorative justice program staff members, facilitators, participants or any community members or persons who provide support to the restorative justice program, for any purpose unrelated to the program. (b) Are not admissible as evidence i…
ORS 147.620 Certification procedures; duties of certifying agency or official; liability. (1) As used in this section
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(a) “Certifying agency” means: (A) A state or local law enforcement agency; (B) A prosecutor’s or district attorney’s office; (C) The Judicial Department, with respect to a judge of a state court acting as a certifying official; (D) A judge other than a judge of a state court; or…