Chapter 147 — Chapter 147

ORS 147.260 [Renumbered 133.847]

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ORS 147.265 [1983 c.725 §3; repealed by 1987 c.905 §37]

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ORS 147.270 [Renumbered 133.853]

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ORS 147.275 Proceeds of compensable crime; escrow account for benefit of victims; notice; distribution; hearing; definitions; rules. (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

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ORS 147.280 [Renumbered 133.855]

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ORS 147.281 Definitions. As used in ORS 147.281 to 147.298

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ORS 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 corporation’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]

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ORS 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]

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ORS 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

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ORS 147.289 Notice of lien; form. The form of the notice of lien required by ORS 147.287 shall be substantially as follows

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ORS 147.290 [Amended by 1961 c.389 §1; renumbered 133.857]

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ORS 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]

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ORS 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 department’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]

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ORS 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]

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ORS 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 crime occurred or the county in which any party bound by the judgment, settlement or compromise resides. [2005 c.383 §10]

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ORS 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]

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ORS 147.315 Charging fees to applicants prohibited. No fee may be charged to the applicant in any proceeding under ORS 147.005 to 147.367. [1977 c.376 §17; 2012 c.81 §17]

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ORS 147.325 Compensation not subject to assignment or legal process prior to receipt by beneficiary. No compensation payable under ORS 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; 2012 c.81 §18]

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ORS 147.335 Compensation rights not to survive beneficiary; death of beneficiary after filing of application. The rights to compensation created by ORS 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 decedent’s estate. [1977 c.376 §19; 1991 c.862 §9; 2012 c.81 §19]

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ORS 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 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

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ORS 147.355 [1977 c.376 §21; 2003 c.576 §389; repealed by 2005 c.383 §13]

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ORS 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 147.005 to 147.367

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ORS 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

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ORS 147.375 [1987 c.241 §1; repealed by 2003 c.789 §10]

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ORS 147.380 Service referral for bias incidents; telephone hotline; response coordinator; rules. (1) As used in this section

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ORS 147.385 Training program for victim assistance program employees. No later than January 1, 2025, the Department of Justice shall develop and begin delivering a training program for employees of district attorney victim assistance programs to assist the employees with providing services to victims of bias crimes as defined in ORS 147.380. [2023 c.549 §17]

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ORS 147.390 Payment of expenses by department. (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), the Department of Justice may pay for services provided by a children’s advocacy center, including child abuse assessments, medical assessments and forensic interviews. Payments under this section may be made regardless of whether a finding of abuse is made. The department shall make payments under this section directly to the children’s advocacy center

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ORS 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]

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ORS 147.395 Definitions. As used in this section and ORS 147.397

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ORS 147.397 Payment of costs; form; provider reimbursement; rules. (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 shall pay the costs of a medical assessment obtained by a victim if the victim obtains the medical assessment within the time frame established in rules adopted by the department

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ORS 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’ 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

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ORS 147.401 Sexual assault response teams. (1) The district attorney in each county shall organize a sexual assault response team to consist of

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ORS 147.403 Policies, guidelines and training requirements for providers of medical care to sexual assault patients. (1) Each hospital, emergency medical service provider, intermediate care facility, skilled nursing facility, long term care facility and residential care facility in this state shall adopt policies for the treatment or referral of acute sexual assault patients, if such policies are not otherwise provided for by statute or administrative rule

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ORS 147.404 Notification of victim advocate concerning medical assessment. (1) Upon a sexual assault victim’s decision to participate in a medical assessment, as soon as practicable and in a manner consistent with the county’s sexual assault response team protocols adopted under ORS 147.401 and the protocols and procedures of the county child abuse multidisciplinary teams described in ORS 418.747, the provider of the medical assessment or, if applicable, a law enforcement officer shall contact a victim advocate and make reasonable efforts to ensure that the victim advocate is present and available at the medical facility in which the medical assessment occurs

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ORS 147.405 Short title. Chapter 2, Oregon Laws 1987, shall be known as the “CRIME VICTIMS’ BILL OF RIGHTS.” [1987 c.2 §1]

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ORS 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. The purpose of chapter 2, Oregon Laws 1987, is to declare to our legislature and our courts that victims’ rights shall be protected at each stage of the criminal justice system. We reject the notion that a criminal defendant’s rights must be superior to all others. By chapter 2, Oregon Laws 1987, we seek to secure balanced justice by eliminating unbalanced rules. [1987 c.2 §2]

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ORS 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]

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ORS 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 person’s rights under section 42, Article I of the Oregon Constitution. The notice may be oral or written and written notice may be provided electronically. 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

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ORS 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]

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ORS 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

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ORS 147.425 Personal representative. (1) As used in this section

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ORS 147.430 Speedy trial. (1) A victim in a criminal or juvenile delinquency proceeding has the following rights

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ORS 147.433 Rights afforded upon request; notice; attendance; protection. (1) To accord crime victims due dignity and respect, a victim in a criminal proceeding described in subsection (2) of this section has, upon request to the district attorney before a judgment of conviction is entered, the following rights

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ORS 147.438 Habeas corpus proceedings in federal court. In any habeas corpus proceeding brought in federal court to which the State of Oregon is a party, the state shall comply with the rights afforded to crime victims under 18 U.S.C. 3771. Remedies for violations of 18 U.S.C. 3771 are as provided under federal law. [2010 c.89 §5]

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ORS 147.450 Definitions. As used in ORS 147.450 to 147.471

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ORS 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 the fund are continuously appropriated to the Department of Justice and shall be used by the department to carry out a program of domestic and sexual violence services that

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ORS 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

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ORS 147.459 Considerations in developing plan. The Department of Justice, in developing the plan under ORS 147.456, shall consider ways to

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ORS 147.462 Limits on expenditures from fund. In administering the Oregon Domestic and Sexual Violence Services Fund, the Department of Justice shall

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ORS 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 grants from the fund to carry out the plan developed under ORS 147.456

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