Title 14, Procedure in Criminal Matters Generally

As used in ORS 147.005 to 147.367 unless the context requires otherwise: (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…

(1) A person is eligible for an award of compensation under ORS 147.005 to 147.367 if: (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 enforcem…

(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: (a) Pai…

(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. (b) The maximum amount of compensation that may be awarded, in aggregate, to the victim and the survivors and depend…

(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: (a) The claim is one with respect to which an award probably will be made; and (b) Undue …

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] Note: 147.065 was enacted into law by…

(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: (a) The name and address of the victim; (b) If the victim is deceased, the name and address of the a…

(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 tha…

(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: (a) Need not consider whether or not the alleged assailant has been apprehended or br…

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 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]

(1) If the applicant disagrees with the order entered under ORS 147.135, the applicant may request review by the Department of Justice. (2)(a) The department shall reconsider any order for which a request for review is received. The department shall notify the applicant of its de…

(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. (2) The request for hearing shall be in writing. The request shall include the appli…

(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. (2) Where a person eligible to receive an award under ORS 147.005 t…

(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: (a) Appoint such employees and agents as it determines are necessary, fix their compensation within the limitations provided by law, and prescribe their du…

(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. (2) Law enforcement officials and other agencies of the state or local governmental units are authorized to give and shall provide any assistan…

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;…

(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 …

(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…

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]

(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. (2) Any gifts, contributions, grants or federal funds specifically given to the department for the benefit of victims of…

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, to recover all fees paid to a counsel or agent in violation of ORS 147.315. [1977 c.376 §25]

(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 assi…

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 under ORS 147.005 to 147.367 to or on behalf of an applicant or recipient. (3) “Claim” means a claim of an applicant or recip…

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 ot…

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 assist…

(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 ORS 147.283, record a notice of lien in the County Clerk Lien Record of the county in which the person against whom the claim is made or acti…

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 Department of Justice has provided assistance to ____________, a person w…

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 judg…

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 havin…

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 …

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] (Misce…

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]

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]

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 sa…

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 proceed…

(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 constitu…

(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. (2) No law enforcement agency shall be civilly liable for a failure to comply with subsection (1)…

(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 injur…

(1) As used in this section: (a) “Bias crime” means the commission, attempted commission or alleged commission of an offense described in ORS 166.155 or 166.165. (b) “Bias incident” means a person’s hostile expression of animus toward another person, relating to the other person’…

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 …

(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 cen…

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 unde…

As used in this section and ORS 147.397: (1) “Medical assessment” means an assessment that consists of a medical examination of a victim that: (a) Includes the offering and, if requested, provision of emergency contraception, sexually transmitted infection prevention and, for a v…

(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…

(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 pur…

(1) The district attorney in each county shall organize a sexual assault response team to consist of: (a) A representative of the district attorney’s office; (b) A representative of a prosecution-based victim assistance program or unit; (c) A sexual assault forensic examiner; (d)…

(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 a…

(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 mult…

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, Oregon Laws 1987,” for the words “this Act” in sections 1, 2 and 18, chapter 2, Oregon Laws 1987, compiled as 147.405, 147.410 a…

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…