justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.155. Appeal to Workers Compensation Board; hearing; record; evidence considered; board determination not subject to further review. (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 applicants address, shall be signed by the applicant and shall be mailed to the board. (3) The board shall conduct a hearing upon at least 10 days notice by mail to all interested persons. (4) A record of all proceedings at the hearing shall be kept but need not be transcribed. (5) The board is not bound by rules of evidence or by technical or formal rules of procedure, and may conduct the hearing in any manner that will achieve substantial justice. However, no evidence is admissible at a hearing that has not previously been considered by the department. The decision by the board shall be final and shall not be subject to further administrative or judicial review.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.160. [Amended by 1973 c.836 125; renumbered 133.809]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.165. Payment of awards; awards to minors and incompetents. (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 to 147.367 is a person under the age of 18 years or an incompetent, the award may be paid to a relative, guardian or attorney of such person on behalf of and for the benefit of such person. In such case the payee shall: (a) File an annual accounting of the award with the department; and (b) Take such other action as the department shall determine is necessary and appropriate for the benefit of the beneficiary of the award. (3) A person who is incarcerated is not eligible for payments for loss of earnings for the period of incarceration. (4) Payment of claims is subject to availability of funds for victim compensation awards as provided in the department budget approved by the Legislative Assembly or the Emergency Board.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.170. [Amended by 1973 c.836 126; renumbered 133.813]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.180. [Amended by 1973 c.836 127; renumbered 133.815]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.190. [Renumbered 133.817]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.200. [Renumbered 133.823] (Administrative Provisions)
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.205. Authority of Department of Justice; assistance from other agencies; examination of victims; reports to Governor and Legislative Assembly; rules. (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 duties. (b) Request and obtain from law enforcement agencies, district attorneys, county juvenile departments, the Department of Human Services, the Oregon Youth Authority and the Department of Corrections such assistance and information, including police reports, as will enable the Department of Justice to carry out its functions and duties under ORS 147.005 to 147.367. The Department of Justice may obtain assistance and information under this paragraph, notwithstanding any other law relating to the confidentiality or disclosure of records. The Department of Justice: (A) Shall maintain the confidentiality of any privileged or confidential information or records obtained under this paragraph; (B) May use the information or records only for the purposes authorized by ORS
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.210. [Renumbered 133.825]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.215. Attorney General as legal adviser to department; assistance by governmental agencies. (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 assistance or information requested by the department under ORS 147.205 (1)(b).
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.220. [Amended by 1961 c.389 4; renumbered 133.827]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.225. Criminal Injuries Compensation Account. 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.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.230. [Amended by 1973 c.836 128; renumbered 133.833]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.231. Disbursement of moneys to agencies that provide services to victims of crimes; rules. (1) Subject to the availability of sufficient funds in the Criminal Injuries Compensation Account, the Attorney General or the Attorney Generals designee may make grants from the Criminal Injuries Compensation Account to eligible public or private nonprofit agencies that provide services to victims of violent crimes, property crimes and crimes involving fraud and deception. The Attorney General may not make grants unless there are sufficient funds in the Criminal Injuries Compensation Account to satisfy both the projected compensation claims of victims of violent crimes and the anticipated costs of complying with ORS 147.227 and of providing the funds deemed necessary by the Attorney General to comply with ORS 147.397. The grants authorized by this section are in addition to federal Victims of Crime Act grants, federal Violence Against Women Act grants and any other state or federal grants related to serving victims of violent crimes, property crimes and crimes involving fraud or deception, that are administered by the Attorney General or the Attorney Generals designee. (2) Funds distributed under this section may be used only for services to victims of violent crimes, property crimes and crimes involving fraud and deception and may not be used to replace funds otherwise available for services to victims of crime. (3) As used in this section, services includes, but is not limited to: (a) Crisis intervention services; (b) Providing, in an emergency, transportation to court, short-term child care, temporary housing and security measures; (c) Assistance in participating in criminal justice proceedings; (d) Preparation, publication and distribution of materials that inform victims of violent crimes, property crimes and crimes involving fraud and deception of the services that are available; (e) Salaries of persons who provide direct services to victims of violent crimes, property crimes and crimes involving fraud and deception to the extent that the persons provide the services; and (f) Counseling for victims of property crimes and crimes involving fraud and deception. (4) Applicants for grants under subsection (1) of this section shall: (a) Certify that priority will be given to providing assistance to victims of violent crimes including, but not limited to, victims of sexual assault, domestic violence and child abuse; and (b) Provide any information and assurances that the Department of Justice may require. (5) The Attorney General or the Attorney Generals designee may administer the grants authorized by this section concurrently with the administration of the federal Victims of Crime Act grants, federal Violence Against Women Act grants and any other state or federal grants related to serving victims of violent crimes, property crimes and crimes involving fraud or deception. (6) The department shall adopt rules pursuant to ORS chapter 183 to carry out the provisions of this section.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.240. Department of Justice to submit claims to account for payment of awards. 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.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.245. Disposition of moneys recovered from assailant; disposition of gifts or grants. (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 crimes shall be credited to the Criminal Injuries Compensation Account.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.250. [Renumbered 133.839]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.253. [Renumbered 133.843]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.255. Recovery of moneys paid on fraudulent claims; recovery of fees. 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.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.256. [Renumbered 133.845]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.260. [Renumbered 133.847]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.270. [Renumbered 133.853]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.280. [Renumbered 133.855] (Recovery of Assistance)
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.281. Definitions. 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
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.283. Notice to Department of Justice of claim or action to enforce claim for injuries. 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 other person or entity against whom the claim is made or action is brought. If the claim is made or the action is brought against a corporation, the notice must contain the address of the corporations principal place of business. If the applicant or recipient is a minor, the parents, legal guardian or foster parent of the applicant or recipient shall give the notice required by this section.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.285. Creation of lien. 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 assistance to the date of the satisfaction of the judgment or final payment under the settlement or compromise.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.287. Perfection of lien. (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 action is brought resides. If the claim or action is against a corporation, the department shall record the notice of lien in the County Clerk Lien Record of the county in which the corporation has its principal place of business. If the claim or action is against a public body, as defined in ORS 174.109, the department shall record the notice of lien in the County Clerk Lien Record of the county in which the public body has its main office. (b) Prior to the date of the satisfaction of the judgment or final payment under a settlement or compromise, deliver a copy of the notice of lien by certified mail or personal service to all parties bound by the judgment, settlement or compromise or to an attorney or insurer that represents a party bound by the judgment, settlement or compromise. The department may send the notice by first class mail to any party, attorney or insurer that does not accept the certified mail containing the notice. (2) Upon the recording of a notice of lien under subsection (1)(a) of this section, the recording officer shall enter the name of the injured person, the approximate date of the injury and the name of the department as a lienor in the lien docket under ORS 87.575 and shall make an index to the lien docket in the names of the injured person and the department.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.289. Notice of lien; form. 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 who was injured on or about the ___ day of ______ in the city of ______ and State of ______, and the Department of Justice asserts a lien to the extent provided in ORS 147.285 for the amount of the assistance upon any amount due and owing ________ (name of injured person) under a judgment, settlement or compromise from ______ alleged to have caused such injuries and from any other person or entity liable for the injury or obligated to compensate the injured person on account of such injuries. Department of Justice by ____________, Attorney General or designee. State of Oregon, ) ) ss. County of ______ ) I, ____________, being first duly sworn on oath say: That I am the Attorney General or designee; that I have read the foregoing notice of lien and know the contents of the notice of lien and believe the contents to be true. ____________ Subscribed and sworn to before me this ___ day of ______, ______. ____________, Notary Public. ______________________________________________________________________________
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.290. [Amended by 1961 c.389 1; renumbered 133.857]
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.292. Notice of amount of judgment, settlement or compromise. 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 judgment, settlement or compromise. After receiving the notice, the department shall send by certified mail a statement of the amount of its lien to all parties bound by the judgment, settlement or compromise or to an attorney or insurer that represents a party bound by the judgment, settlement or compromise. The department may send the statement by first class mail to any party, attorney or insurer that does not accept the certified mail containing the statement.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.294. Liability of person making payment after notice of lien is recorded. 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 having paid to the Department of Justice the amount of the departments lien is liable to the department for the amount of the payment to the extent that the lien attached to the payment under ORS 147.285.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.296. Action for failure to provide notice. 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 had a lien under ORS 147.285 upon the amounts had the notice been given.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.298. Where action may be initiated. 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] (Miscellaneous Provisions)
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.305. Effect of criminal conviction on compensation proceedings. 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.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.315. Charging fees to applicants prohibited. No fee may be charged to the applicant in any proceeding under ORS 147.005 to 147.367.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.325. Compensation not subject to assignment or legal process prior to receipt by beneficiary. 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 satisfy an order or judgment for support or alimony.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.335. Compensation rights not to survive beneficiary; death of beneficiary after filing of application. The rights to compensation created by ORS 147.005 to
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.345. State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement. (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 constituting the basis for the award. (2)(a) On behalf of the state, the Department of Justice may bring suit against an assailant to recover the amount of compensation paid to an applicant or recipient of an award made pursuant to ORS 147.005 to 147.367 as a result of the assailants commission of a compensable crime. Before initiating a suit under this subsection, the Department of Justice must notify the applicant or recipient that the Department of Justice is going to initiate a suit. A suit under this subsection does not affect any right or right of action accruing to the applicant or recipient against the assailant for the injury constituting the basis for the award, except that the assailant may be able to offset payments made to the Department of Justice against any award to the applicant or recipient for the same damages. The assailant also may offset any payments the assailant has made to the applicant or recipient for the same damages against any recovery by the Department of Justice under this subsection. (b) In a suit under this subsection, the Department of Justice may recover attorney fees and costs of suit. (c) Each separate payment of compensation under ORS 147.005 to 147.367 creates a cause of action under this subsection. (3) Any settlement of a right or right of action against the assailant or any other person or entity by the victim or the dependent of the victim based on the compensable crime must be approved by the Department of Justice if the department has made an award to the victim or the dependent of the victim. If the settlement is not approved by the department, the department may void the settlement.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.365. Law enforcement agencies to inform crime victims of compensation procedure; agencies not civilly liable for failure to comply. (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
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.367. of medical services or supplies provided to the crime victim shall provide to the Department of Justice any individually identifiable health information the person has in the persons possession about the crime victim if: (a) The department requests the information; and (b) A release authorizing the surrender has been completed under ORS 147.105 (1)(h). (3) As used in subsection (2) of this section: (a) Pays includes, but is not limited to, payments made directly or indirectly through settlements, judgments, insurance, Medicaid, other compensation or restitution. (b) Person includes, but is not limited to, health care providers and their agents, insurers and their agents, employers and public bodies as defined in ORS 174.109.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.375. [1987 c.241 1; repealed by 2003 c.789 10] SERVICES FOR VICTIMS OF BIAS CRIMES
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.385. Training program for victim assistance program employees. 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 c.549 17] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.390. Payment of expenses by department. (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 childrens advocacy center, including child abuse assessments, medical assessments and forensic interviews. Payments under this section may be made regardless of whether a finding of abuse is made. The department shall make payments under this section directly to the childrens advocacy center. (2) A childrens advocacy center may not charge the department more for medical services than the maximum amounts established in the medical fee schedules adopted under ORS 147.035. (3) As used in this section, child abuse assessment, childrens advocacy center, forensic interview and medical assessment have the meanings given those terms in ORS 418.782. [1997 c.872 25; 2009 c.296 3; 2013 c.720 16; 2017 c.108 6; 2019 c.141 7; 2020 s.s.2 c.10 31] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.391. or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.395. Definitions. As used in ORS 147.397: (1) Complete medical assessment means an assessment that consists of: (a) A medical examination; (b) The collection of forensic evidence using an evidence collection kit approved by the Department of State Police; and (c) The offering and, if requested, provision of emergency contraception, sexually transmitted infection prevention and, for a victim who is 17 years of age or younger, prescriptions for emergency contraception. (2) Medical assessment means a complete or partial medical assessment. (3) Partial medical assessment means an assessment that consists of: (a) A medical examination; and (b) The offering and, if requested, provision of emergency contraception, sexually transmitted infection prevention and, for a victim who is 17 years of age or younger, prescriptions for emergency contraception. (4) Sexual assault forensic evidence kit has the meaning given that term in ORS 181A.323. [2003 c.789 1; 2007 c.268 1; 2018 c.120 3; 2019 c.280 3] Note: