Title 14, Procedure in Criminal Matters Generally

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] Note: See note …

(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 …

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. …

(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: (a) The conv…

(1) As used in this section: (a) “Health care provider” has the meaning given that term in ORS 192.556. (b) “Law enforcement agency” means: (A) A city or municipal police department. (B) A county sheriff’s office. (C) The Oregon State Police. (D) A district attorney. (E) A police…

(1) A victim in a criminal or juvenile delinquency proceeding has the following rights: (a) The right to have the trial or adjudication, including the imposition and execution of the sentence or disposition, conducted with all practicable speed. (b) The right to the prompt and fi…

(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: (a) The right to be notified by the dist…

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] Not…

As used in ORS 147.450 to 147.471: (1) “Domestic violence” has the meaning given that term in ORS 135.230 and includes teen dating violence. (2) “Sexual assault” means any unwanted sexual contact as defined in ORS 163.305. (3) “Teen dating violence” means: (a) A pattern of behavi…

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 pro…

(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: (a) The Department of Human Services; (b) The Department of State Police; (c) The…

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) Prioritize services; (3) Utilize local community plans reflecting local program service needs; (4) Establ…

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 under the plan developed under ORS 147.456 on sexual assault services; and (2) Expend no more than 10 percent of the m…

(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. (2) The Attorney General may hire staff necessa…

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 community outreach and public education; (3) Develop innovative projects based on demonstrate…

(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…

(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 t…

(1) As used in this section: (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…

As used in ORS 147.500 to 147.550: (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 a…

(1) A victim may assert a claim under ORS 147.500 to 147.550 personally, through an attorney or through an authorized prosecuting attorney. (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…

(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 4…

(1) At the request of a victim, the prosecuting attorney may request that the court schedule a hearing to reconsider a release decision if: (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…

(1) This section does not apply: (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 …

(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…

(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 suppo…

(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…

(1) If a response to the order to show cause issued under ORS 147.517 is not timely filed, the court shall: (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 4…

(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 e…

(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 c…

(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. (2) At the hearing, the court may receive evidence relevant to the claim or motion. (3) As to a particular fact at issue, the c…

(1) A remedy under ORS 147.500 to 147.550 is waived if the remedy is requested: (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 a…

(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. (b) A defendan…

(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. (2) The person or part…

Appellate review of an order described in ORS 147.535 (4)(b) shall be as provided in ORS 147.537, except that: (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 …

(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: (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 147.53…

(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 h…

(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. (2) The Chief Justice of the Supreme Court shall prescribe the forms described in ORS 147.510 (4) and 147.515…

(1) There is created the Task Force on Victims’ Rights Enforcement consisting of the Attorney General and at least nine members appointed as follows: (a) The Attorney General shall appoint: (A) Two members employed by or associated with a group advocating for the rights of victim…

(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…

(1) As used in this section: (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…

As used in ORS 147.607 and 147.610: (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 th…

The Legislative Assembly finds and declares that: (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…

(1) Except as provided in this section, restorative justice communications are confidential, exempt from public disclosure and: (a) May not be used or disclosed by any restorative justice program staff members, facilitators, participants or any community members or persons who pr…

(1) As used in this section: (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…