Title 14, Procedure in Criminal Matters Generally

(1) After consultation with the State Medical Examiner Advisory Board, the Chief Medical Examiner shall appoint each Deputy State Medical Examiner. (2) The Chief Medical Examiner shall: (a) Appoint and discharge each district medical examiner as provided by ORS 146.065 (2). (b) D…

(1) The Chief Medical Examiner shall assist and advise district medical examiners in the performance of their duties. (2) The Chief Medical Examiner shall perform autopsies, if in the judgment of the Chief Medical Examiner such autopsy is necessary in any death requiring investig…

(1) In each county there shall be a medical examiner for the purpose of investigating and certifying the cause and manner of deaths requiring investigation. (2) Each district medical examiner shall be appointed by the Chief Medical Examiner with approval of the appropriate board …

(1) The district medical examiner shall serve as the administrator of the district medical examiner’s office. Subject to applicable provisions of a county personnel policy or civil service law, the district medical examiner may employ such other personnel as the district medical …

(1) Each district medical examiner may appoint one or more assistant district medical examiners. (2) The qualifications of an assistant district medical examiner shall be prescribed by the State Medical Examiner Advisory Board. (3) When delegated by the district medical examiner,…

(1) The district medical examiner shall appoint, subject to the approval of the district attorney and applicable civil service regulations, qualified medical-legal death investigators, including the sheriff or a deputy sheriff and a member of the Oregon State Police for each coun…

A district medical examiner, medical-legal death investigator, assistant district medical examiner or designated pathologist is deemed to be an officer or employee of a public body for purposes of ORS 30.260 to 30.300 while acting as a district medical examiner, medical-legal dea…

(1) The medical examiner shall investigate and certify the cause and manner of all human deaths: (a) Apparently homicidal, suicidal or occurring under suspicious or unknown circumstances; (b) Resulting from the unlawful use of controlled substances or the use or abuse of chemical…

(1) The district medical examiner and the district attorney for the county where death occurs, as provided by ORS 146.100 (2), shall be responsible for the investigation of all deaths requiring investigation. (2) The medical examiner shall certify the manner and the cause of all …

(1) Death investigations shall be under the direction of the district medical examiner and the district attorney for the county where the death occurs. (2) For purposes of ORS 146.003 to 146.189, if the county where death occurs is unknown, the death shall be deemed to have occur…

(1) As used in this section: (a) “Cause of death” has the meaning given that term in ORS 146.003. (b) “Local mental health authority” has the meaning given that term in ORS 430.630. (c) “Manner of death” has the meaning given that term in ORS 146.003. (d) “Opioid” means a natural…

(1) In a death requiring an investigation, no person shall move a human body or body suspected of being human, or remove any of the effects of the deceased or instruments or weapons related to the death without the permission of a medical examiner, medical-legal death investigato…

(1) A medical examiner, medical-legal death investigator or district attorney may enter any room, dwelling, building or other place in which the medical examiner, medical-legal death investigator or district attorney has reasonable cause to believe that a body or evidence of the …

(1) Upon identifying the body, the medical examiner shall immediately attempt to locate the next of kin or responsible friends to obtain the designation of a funeral home to which the deceased is to be taken. (2) If unable to promptly obtain a designation of funeral home from the…

(1) A medical examiner or district attorney may, in any death requiring investigation, order samples of blood or urine taken for laboratory analysis. (2) When a death requiring an investigation as a result of a motor vehicle accident occurs within five hours after the accident an…

(1) A medical examiner or district attorney may order an autopsy performed in any death requiring investigation. This authorization for an autopsy shall permit the pathologist to remove and retain body tissues or organs from the deceased for the purpose of the legal or medical de…

(1) No person shall bury or otherwise dispose of the body of a person whose death required investigation, without having first obtained a burial, cremation or reduction permit, or a report of death completed and signed by a medical examiner. (2) When a medical examiner investigat…

(1) The medical examiner, medical-legal death investigator, district attorney or sheriff may temporarily retain possession of any property found on the body or in the possession of the deceased that in the opinion of the medical examiner, medical-legal death investigator, distric…

(1) The district attorney for the county where the death occurs may order an inquest to obtain a jury finding of the cause and manner of death in any case requiring investigation. (2) For the purpose of conducting an inquest, the district attorney shall have the powers of a judic…

(1) The district attorney shall order the inquest to be held at a specified time and place and as provided in ORS 10.810 and 10.820 shall summon a jury of inquest to inquire into the cause and manner of death. (2) Upon receipt of a copy of the order of inquest, the sheriff shall …

(1) The six members of the jury of inquest shall be sworn by the district attorney to: (a) Inquire into who the deceased person was, when and where the deceased person came to death, the cause of death and the manner of death. (b) Give a true verdict thereof according to the evid…

(1) The jury shall give its verdict in writing, signed by its members, setting forth its findings from the evidence produced: (a) Who the deceased person was; (b) When and where the deceased person came to death; (c) The cause of death; and (d) The manner of death. (2) The verdic…

(1) The Superintendent of State Police shall establish and maintain a file of records relating to unidentified human remains found within the state and of which the Oregon State Police are notified under ORS 146.174. The records shall be maintained in order to facilitate the iden…

(1) If a medical examiner is unable to determine the identity of human remains, the medical examiner shall, not later than 30 days after such remains are brought to the medical examiner’s attention, notify and provide to the Superintendent of State Police or the superintendent’s …

Written policies adopted by Oregon law enforcement agencies regarding missing persons shall specify the procedures for investigating missing persons in order to ensure that reported missing persons cases, particularly those involving minor children, are investigated as soon as po…

(1) When a person is reported as missing to any city, county or state police agency, the agency, within 12 hours thereafter, shall enter into state and federal records maintained for that purpose, a report of the missing person in a format and according to procedures established …

(1) A dentist, denturist, physician, naturopathic physician, optometrist or other medical practitioner, upon receipt of a written request from a law enforcement agency for identifying information pursuant to ORS 146.181, shall provide to the agency any information known to the pr…

(1) If a person who has been reported as missing has not been located within 30 days after the missing person report is made, the law enforcement agency that accepted the missing persons report shall attempt to obtain a DNA sample from the missing person or from family members of…

(1) If the Superintendent of State Police is notified that a record of unidentified human remains filed by the Department of State Police under ORS 146.171 corresponds with the record of a person reported as missing, the superintendent shall immediately notify the medical examine…

As used in ORS 146.710 to 146.780, “injury” means: (1) A physical injury caused by a knife, gun, pistol or other dangerous or deadly weapon; or (2) A serious physical injury. [1963 c.621 §1; 1965 c.472 §1; 1967 c.545 §1; 1971 c.451 §9; 2007 c.294 §1]

A medical examiner or district attorney may investigate an injury whenever the injury occurred under suspicious or unknown circumstances. All authority granted to the medical examiner or district attorney by ORS 146.003 to 146.189 and 146.710 to 146.992 may be exercised in making…

Whenever the medical examiner concludes that a crime may have been committed by any person in causing the injury, the medical examiner shall report the conclusion to the district attorney. [1963 c.621 §§5,6; 1965 c.221 §19; 1967 c.545 §§4,5; 1971 c.401 §8; 1971 c.451 §11; 1973 c.…

(1) Except as required in subsection (3) of this section, a physician, including an intern and resident, a physician associate licensed under ORS 677.505 to 677.525, a naturopathic physician licensed under ORS chapter 685 or a registered nurse licensed under ORS chapter 678, who …

Anyone participating in good faith in the making of a report pursuant to ORS 146.750 and who has reasonable grounds for the making thereof shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of such rep…

Notwithstanding the provisions of ORS 192.311 to 192.478 relating to confidentiality and accessibility for public inspection of public records, records and reports made under the provisions of ORS 146.750 are confidential and are not accessible for public inspection. [1965 c.472 …

(1) A person who violates ORS 146.103 (1) commits a Class A misdemeanor. (2) A person who violates ORS 146.103 (2) or (4), 146.107 (5), or 146.121 (1) commits a Class B misdemeanor. (3) A person who violates ORS 146.100 (4) commits a Class C misdemeanor. [1973 c.408 §25] ________…

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…