Oregon Law
Law as of Jan 1, 2024
Chapter contents
147.005Definitions 147.010[Amended by 1973 c.32 §1; renumbered 133.743] 147.015Eligibility for compensation generally; rules 147.020[Renumbered 133.747] 147.025Eligibility of person not victim or survivor or dependent of deceased victim 147.030[Renumbered 133.753] 147.035Compensable losses; expiration of claim; rules 147.040[Renumbered 133.757] 147.045[1977 c.376 §6; 2012 c.81 §8; repealed by 2023 c.318 §8] 147.050[Renumbered 133.763] 147.055Emergency awards; amount; effect on final award 147.060[Renumbered 133.767] 147.065Limitation on time for commencing action for compensable crime 147.070[Renumbered 133.773] 147.080[Renumbered 133.777] 147.090[Renumbered 133.783] 147.100[Renumbered 133.787] 147.105Application for compensation; contents; additional information or materials; amended applications; effect of incarceration of applicant 147.110[Amended by 1973 c.836 §123; renumbered 133.793] 147.115Confidentiality of application information; board proceedings; use of record; witnesses before board 147.120[Renumbered 133.797] 147.125Determining amount of compensation; deduction of other benefits 147.130[Renumbered 133.803] 147.135Processing compensation application; order; contents 147.140[Renumbered 133.805] 147.145Review of order; reconsideration; notice to applicant 147.150[Amended by 1963 c.550 §1; 1973 c.836 §124; renumbered 133.807] 147.155Appeal to Workers’ Compensation Board; hearing; record; evidence considered; board determination not subject to further review 147.160[Amended by 1973 c.836 §125; renumbered 133.809] 147.165Payment of awards; awards to minors and incompetents 147.170[Amended by 1973 c.836 §126; renumbered 133.813] 147.180[Amended by 1973 c.836 §127; renumbered 133.815] 147.190[Renumbered 133.817] 147.200[Renumbered 133.823] 147.205Authority of Department of Justice; assistance from other agencies; examination of victims; reports to Governor and Legislative Assembly; rules 147.210[Renumbered 133.825] 147.215Attorney General as legal adviser to department; assistance by governmental agencies 147.220[Amended by 1961 c.389 §4; renumbered 133.827] 147.225Criminal Injuries Compensation Account 147.227Disbursement of moneys to be used for victims’ assistance programs; qualifications; rules 147.230[Amended by 1973 c.836 §128; renumbered 133.833] 147.231Disbursement of moneys to agencies that provide services to victims of crimes; rules 147.235[1961 c.389 §3; renumbered 133.837] 147.240Department of Justice to submit claims to account for payment of awards 147.245Disposition of moneys recovered from assailant; disposition of gifts or grants 147.250[Renumbered 133.839] 147.253[Renumbered 133.843] 147.255Recovery of moneys paid on fraudulent claims; recovery of fees 147.256[Renumbered 133.845] 147.259[1983 c.725 §2; 1985 c.16 §448; 1985 c.761 §4; 1989 c.844 §2; repealed by 1987 c.905 §37] 147.260[Renumbered 133.847] 147.265[1983 c.725 §3; repealed by 1987 c.905 §37] 147.270[Renumbered 133.853] 147.275Proceeds of compensable crime; escrow account for benefit of victims; notice; distribution; hearing; definitions; rules 147.280[Renumbered 133.855] 147.283Notice to Department of Justice of claim or action to enforce claim for injuries 147.285Creation of lien 147.287Perfection of lien 147.289Notice of lien; form 147.290[Amended by 1961 c.389 §1; renumbered 133.857] 147.292Notice of amount of judgment, settlement or compromise 147.294Liability of person making payment after notice of lien is recorded 147.296Action for failure to provide notice 147.298Where action may be initiated 147.305Effect of criminal conviction on compensation proceedings 147.315Charging fees to applicants prohibited 147.325Compensation not subject to assignment or legal process prior to receipt by beneficiary 147.335Compensation rights not to survive beneficiary; death of beneficiary after filing of application 147.345State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement 147.355[1977 c.376 §21; 2003 c.576 §389; repealed by 2005 c.383 §13] 147.365Law enforcement agencies to inform crime victims of compensation procedure; agencies not civilly liable for failure to comply 147.367Services to victims of acts of mass destruction; Department of Justice 147.375[1987 c.241 §1; repealed by 2003 c.789 §10] 147.380Service referral for bias incidents; telephone hotline; response coordinator; rules 147.385Training program for victim assistance program employees 147.390Payment of expenses by department 147.391Limitation on obligation of Criminal Injuries Compensation Account under ORS 147.390 147.395Definitions 147.397Payment of costs; form; provider reimbursement; rules 147.399Sexual Assault Victims’ Emergency Medical Response Fund 147.401Sexual assault response teams 147.403Policies, guidelines and training requirements for providers of medical care to sexual assault patients 147.404Notification of victim advocate concerning medical assessment 147.405Short title 147.410Purpose 147.415Severability 147.417Victim to be notified of constitutional rights 147.419Authority of victim to obtain copy of transcript or tape of criminal proceeding 147.421Information about defendant that public body is required to provide to victim 147.425Personal representative 147.430Speedy trial 147.433Rights afforded upon request; notice; attendance; protection 147.438Habeas corpus proceedings in federal court 147.450Definitions 147.453Oregon Domestic and Sexual Violence Services Fund 147.456Plan for allocation of funds; Department of Justice 147.459Considerations in developing plan 147.462Limits on expenditures from fund 147.465Grantmaking; rules 147.468Authority of Department of Justice 147.471Advisory council 147.480Fund established; allocation of moneys; application; advisory committee; rules 147.485Training for state agencies and county juvenile departments 147.500Definitions 147.502General provisions 147.504Scope 147.508Reconsideration of release decision 147.510Critical stage of criminal proceeding; notice to court 147.512Plea hearings, sentencing hearings and settlement conferences 147.515Claims 147.517Notice; order to show cause; response 147.520Resolution of claim when response not filed 147.522Issue that will have impact on trial; challenge to designation as victim or victim’s presence at trial 147.525Rescheduling matters affected by claim, response or motion 147.530Hearing on claim, response or motion; order 147.533Waiver of remedy 147.535Appeals generally 147.537Appellate review as matter of right; notice of interlocutory appeal; service; response 147.539Discretionary review 147.542Stay pending appeal 147.545Attorney General certification; intervention 147.550Establishment of requirements and procedures by Chief Justice by rule or order 147.560Task Force on Victims’ Rights Enforcement; duties; reports 147.575Recommendations for achieving full compliance with victims’ rights laws; model rules, procedures or policies 147.600Confidentiality of certain victim communications and records; exception 147.605Definitions for ORS 147.607 and 147.610 147.607Legislative findings 147.610Confidentiality of restorative justice communications; exceptions 147.620Certification procedures; duties of certifying agency or official; liability

Chapter 147 — Victims of Crime and Acts of Mass Destruction COMPENSATION OF CRIME VICTIMS (Recovery of Assistance) (General Provisions) 147.281 Definitions

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.

Note: 147.438 was enacted into law by the Legislative

Assembly but was not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.