ORS 137.109 Effect of restitution order on other remedies of victim; credit of restitution against subsequent civil judgment; effect of criminal judgment on subsequent civil action

Nothing in ORS 137.103 to 137.109, 137.540, 144.102, 144.275, 161.675 and 161.685 limits or impairs the right of a person injured by a defendant’s commission of a crime, by a defendant’s commission of a violation described in ORS 153.008, or by a defendant’s commission of an act that has brought the defendant before the court for the purpose of entering into a driving while under the influence of intoxicants diversion agreement, to sue and recover damages from the defendant in a civil action. Evidence that the defendant has paid or been ordered to pay restitution pursuant to ORS 137.103 to 137.109, 137.540, 144.102, 144.275, 161.675 and 161.685 may not be introduced in any civil action arising out of the facts or events that were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim, or paid to the Department of Justice under ORS 137.102, against any judgment in favor of the victim in such civil action.

If conviction in a criminal trial necessarily decides the issue of a defendant’s liability for economic damages of a victim, that issue is conclusively determined as to the defendant if it is involved in a subsequent civil action.