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

ORS 147.399. Sexual Assault Victims Emergency Medical Response Fund. (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 purpose of carrying out the provisions of ORS
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.401. Sexual assault response teams. (1) The district attorney in each county shall organize a sexual assault response team to consist of: (a) A representative of the district attorneys office; (b) A representative of a prosecution-based victim assistance program or unit; (c) A sexual assault forensic examiner; (d) At the discretion of the district attorney, a representative of the county sheriffs office or a representative of local law enforcement agencies or both; (e) A representative of a nonprofit agency or program that receives moneys administered by the Department of Human Services or the Department of Justice and that offers safety planning, counseling, support or advocacy to victims of sexual assault; (f) A sexual assault nurse examiner or a representative of a hospital; and (g) Other persons the district attorney considers necessary for the operation of the sexual assault response team or as recommended by the team. (2) Each sexual assault response team must meet: (a) At least quarterly at a time appointed by the district attorney of the county; and (b) Independently of the county child abuse multidisciplinary team for the county. (3)(a) Each sexual assault response team shall develop and adopt protocols addressing the response to adult and adolescent sexual assault victims in the county. (b) Protocols adopted pursuant to paragraph (a) of this subsection may incorporate by reference, in part or in whole, protocols relating to child sexual abuse developed pursuant to ORS 418.747. [2011 c.511 1; 2019 c.105 1; 2019 c.141 8] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.403. Policies, guidelines and training requirements for providers of medical care to sexual assault patients. (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 are not otherwise provided for by statute or administrative rule. (2)(a) Each hospital, emergency medical service provider, intermediate care facility, skilled nursing facility, long term care facility and residential care facility in this state that performs forensic medical examinations of sexual assault patients shall: (A) Adopt, in addition to the facilitys own guidelines, if any, the State of Oregon Medical Guideline for Sexual Assault Evaluation of Adolescent and Adult Patients developed and published by the Attorney Generals Sexual Assault Task Force. (B) Except as provided in paragraph (b) of this subsection, employ or contract with at least one sexual assault forensic examiner who has completed didactic training sufficient to satisfy the training requirement for certification by the Oregon SAE/SANE Certification Commission established by the Attorney General. (b) Paragraph (a)(B) of this subsection does not apply to a hospital that performs forensic medical examinations only of sexual assault patients who are minors. A hospital described in this paragraph may use physicians, physician assistants licensed under ORS 677.505 to 677.525, naturopathic physicians licensed under ORS chapter 685 and nurses to conduct the examinations in consultation with a social worker trained in assisting sexual assault victims who are minors. [2011 c.511 2; 2014 c.45 28; 2017 c.356 19] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.404. Notification of victim advocate concerning medical assessment. (1) Upon a sexual assault victims decision to participate in a medical assessment, as soon as practicable and in a manner consistent with the countys sexual assault response team protocols adopted under ORS 147.401 and the protocols and procedures of the county child abuse multidisciplinary teams described in ORS 418.747, the provider of the medical assessment or, if applicable, a law enforcement officer shall contact a victim advocate and make reasonable efforts to ensure that the victim advocate is present and available at the medical facility in which the medical assessment occurs. (2) A victim advocate contacted under subsection (1) of this section: (a) Shall clearly inform the victim that the victim may decline the services of the victim advocate at any time; and (b) May not impede the medical assessment, the provision of medical services to the victim or the collection of evidence. (3) As used in this section, medical assessment has the meaning given that term in ORS 147.395. [2017 c.349 1; 2019 c.141 9] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.405. Short title. 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,
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.410. Purpose. 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 each stage of the criminal justice system. We reject the notion that a criminal defendants rights must be superior to all others. By chapter 2, Oregon Laws 1987, we seek to secure balanced justice by eliminating unbalanced rules. [1987 c.2 2] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.415. Severability. If any section, portion, clause or phrase of chapter 2, Oregon Laws 1987, is for any reason held to be invalid or unconstitutional, the remaining sections, portions, clauses and phrases shall not be affected but shall remain in full force in effect. [1987 c.2 18] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.417. Victim to be notified of constitutional rights. (1) As soon as is reasonably practicable in a criminal action in which there is a victim, a law enforcement agency shall notify a person who reasonably appears to be a victim of the offense of the persons rights under section 42, Article I of the Oregon Constitution. The notice may be oral or written and written notice may be provided electronically. If exercise of any of the rights depends upon the victim making a request, the law enforcement agency shall include in the notice the time period in which the victim is required to make the request. A law enforcement agency satisfies the requirements of this section if the law enforcement agency: (a) Provides notice to the victim named in the accusatory instrument, the victims guardian or, in a homicide case, the victims next of kin; and (b) Presents, if written notice is given, the notice directly to the victim, sends the notice to the last address given to the law enforcement agency by the victim or sends the notice electronically to the cellular phone number or electronic mail address given to the law enforcement agency by the victim. (2) Failure by a law enforcement agency to properly notify the victim as required by this section: (a) Is not grounds for setting aside a conviction. (b) Does not affect the validity of a plea, except as provided by section 42 or 43, Article I of the Oregon Constitution. (3) Nothing in subsection (2) of this section justifies a failure to properly notify the victim. (4)(a) As used in this section, law enforcement agency means the police agency that initially responds in the case, the police agency that investigates the case or the district attorney who prosecutes the case. (b) The district attorney shall determine if the notice required by this section has been given and, if not, shall provide the notice. [1997 c.313 5; 2009 c.178 25; 2017 c.171 2] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.419. Authority of victim to obtain copy of transcript or tape of criminal proceeding. In any criminal proceeding in which a transcript, audiotape or videotape of the proceedings held in open court is prepared, the victim may obtain a copy of the transcript or tape by paying the court or the person who prepared the transcript or tape the actual cost of copying it. [1997 c.313 2] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.421. Information about defendant that public body is required to provide to victim. (1) If a public body is the custodian of any of the following information, upon the request of the victim, the public body shall provide to the victim any of the following information of which it is the custodian and that is about the defendant or convicted criminal: (a) The conviction and sentence; (b) Criminal history; (c) Imprisonment; and (d) Future release from physical custody. (2) A public body, in its discretion, may provide the requested information by furnishing the victim with copies of public records. The public body may charge the victim its actual cost for making public records available as provided in ORS 192.324 (4). (3) As used in this section: (a) Criminal history means a description of the prior arrests, convictions and sentences of the person. (b) Future release means the projected or scheduled date of release of the person from confinement, the name and location of the correctional facility from which the person is to be released and the community where the person is scheduled to reside upon release. (c) Imprisonment means the name and location of the correctional facility in which the person is confined. (d) Public body has the meaning given that term in ORS 192.311. [1997 c.313 6; 2007 c.467 2] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.425. Personal representative. (1) As used in this section: (a) Health care provider has the meaning given that term in ORS 192.556. (b) Law enforcement agency means: (A) A city or municipal police department. (B) A county sheriffs office. (C) The Oregon State Police. (D) A district attorney. (E) A police department established by a university under ORS 352.121 or 353.125. (F) A special campus security officer commissioned under ORS 352.118. (G) An authorized tribal police officer as defined in ORS 181A.940. (c) Person crime means a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission. (d) Personal representative means a person selected under subsection (2) of this section to accompany the victim of a crime to certain phases of an investigation and prosecution. (e) Protective service worker means an employee or contractor of a local or state agency whose role it is to protect children or vulnerable adults from abuse or neglect. (2) A victim of a person crime, who is at least 15 years of age at the time the crime is committed, may select a person who is at least 18 years of age as the victims personal representative for purposes of this section. The victim may not select a person who is a suspect in, or a party or witness to, the crime as a personal representative. (3) Except for grand jury proceedings and child abuse assessments occurring at a child advocacy center recognized by the Department of Justice, a personal representative may accompany the victim to those phases of the investigation, including medical examinations, and prosecution of the crime at which the victim is entitled or required to be present. (4) A health care provider, law enforcement agency, protective service worker or court may not prohibit a personal representative from accompanying a victim as authorized by subsection (3) of this section unless the health care provider, law enforcement agency, protective service worker or court believes that the personal representative would compromise the process. (5) A health care provider, law enforcement agency, protective service worker or court is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to a decision under subsection (4) of this section to prohibit a personal representative from accompanying a victim. (6) The fact that a personal representative was allowed or was not allowed to accompany a victim may not be used as a basis for excluding otherwise admissible evidence. (7) The fact that a victim has or has not selected a personal representative under this section may not be used as evidence in the criminal case. [2005 c.490 1; 2011 c.506 19; 2011 c.644 21,44; 2013 c.180 19,20; 2015 c.174 9; 2015 c.767 48,49] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.430. Speedy trial. (1) A victim in a criminal or juvenile delinquency proceeding has the following rights: (a) The right to have the trial or adjudication, including the imposition and execution of the sentence or disposition, conducted with all practicable speed. (b) The right to the prompt and final conclusion of the criminal or juvenile delinquency proceeding in any related appellate or post-judgment proceeding. (2) The sole remedy for a violation of the rights described in subsection (1) of this section is for the trial or proceeding to promptly occur or for the sentence to be promptly imposed or executed. This remedy may not be imposed if the remedy would: (a) Affect the defendants due process right to adequately prepare and present a defense; (b) Impair the right of the defendant to a fair and impartial hearing in accordance with the Oregon and United States Constitutions; or (c) Impair the ability of the state to prepare and locate witnesses. (3) Nothing in this section authorizes: (a) The dismissal of a criminal or juvenile delinquency proceeding; (b) The imposition of sanctions against the state or the defendant; or (c) A court to sever into separate trials or proceedings a single charging instrument alleging criminal acts committed against multiple victims. (4) Upon the victims request, the state may assert the rights of the victim on behalf of the victim. (5) A victim who intends to assert a right described in this section must assert the right: (a) Orally, at any critical stage of the proceedings as described in section 42, Article I of the Oregon Constitution; or (b) In writing, after providing a copy to the parties. (6) When a victim asserts a right described in this section, the court may hold a hearing or resolve the issue based on the record of the case. (7) As used in this section, victim means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. [2009 c.563 1] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.433. Rights afforded upon request; notice; attendance; protection. (1) To accord crime victims due dignity and respect, a victim in a criminal proceeding described in subsection (2) of this section has, upon request to the district attorney before a judgment of conviction is entered, the following rights: (a) The right to be notified by the district attorney of the victims rights described in this section and ORS 138.627 and 144.750; (b) The right to reasonable, accurate and timely notice from the Attorney General when an appeal is taken in the criminal proceeding; (c) The right to reasonable, accurate and timely notice from the counsel for the state when a conviction in the criminal proceeding is the subject of a petition for post-conviction relief filed under ORS 138.510 to 138.680 or post-conviction DNA (deoxyribonucleic acid) testing under ORS 138.688 to 138.700; (d) The right to attend any public hearing related to the criminal proceeding that is conducted by an appellate court; and (e) The right to be reasonably protected from the offender, if the offender is present, at any related appellate or post-conviction relief proceeding. (2) The provisions of this section apply only to criminal proceedings involving a defendant charged with or convicted of: (a) A person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission; (b) A person Class A misdemeanor, as that term is defined in the rules of the Oregon Criminal Justice Commission; (c) Burglary in the first degree under ORS 164.225; (d) A sex crime as defined in ORS 163A.005; or (e) An attempt, conspiracy or solicitation to commit a crime described in paragraph (a) or (b) of this subsection. (3) As used in this section, victim has the meaning given that term in ORS 131.007. [2010 c.89 1; 2019 c.368 11] Note:
ORS Chapter 147 — Victims of Crime and Acts of

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. [2010 c.89 5] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.450. Definitions. As used in ORS 147.450 to 147.471: (1) Domestic violence has the meaning given that term in ORS 135.230 and includes teen dating violence. (2) Sexual assault means any unwanted sexual contact as defined in ORS 163.305. (3) Teen dating violence means: (a) A pattern of behavior in which a person uses or threatens to use physical, mental or emotional abuse to control another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age; or (b) Behavior by which a person uses or threatens to use sexual violence against another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age. [2001 c.870 23; 2007 c.71 40; 2012 c.69 2] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.453. Oregon Domestic and Sexual Violence Services Fund. There is established in the State Treasury, separate and distinct from the General Fund, the Oregon Domestic and Sexual Violence Services Fund. All moneys in the fund are continuously appropriated to the Department of Justice and shall be used by the department to carry out a program of domestic and sexual violence services that: (1) Provides safety for and assists victims of domestic violence and sexual assault, promotes effective intervention and reduces the incidence of domestic violence and sexual assault; (2) Advocates for victims and for domestic violence and sexual assault services; (3) Promotes and facilitates interagency and interdepartmental cooperation among state agencies, including the Department of Human Services, and among different levels of government in this state in the delivery and funding of services; and (4) Encourages and supports services, programs and curricula to educate and inform students in grades 7 through 12 about teen dating violence and domestic violence, to provide assistance to victims of teen dating violence and domestic violence, and to prevent and reduce the incidence of teen dating violence and domestic violence. [2001 c.870 24; 2009 c.411 2; 2012 c.69 3; 2015 c.400 1] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.456. Plan for allocation of funds; Department of Justice. (1) Prior to January 1, 2002, the Department of Justice shall develop a plan for the allocation of funds that are appropriated under section 32, chapter 870, Oregon Laws 2001, in collaboration with: (a) The Department of Human Services; (b) The Department of State Police; (c) The Oregon Coalition Against Domestic and Sexual Violence; (d) The Governors Council on Domestic Violence; (e) The Attorney Generals Sexual Assault Task Force; (f) Victims of domestic and sexual violence; (g) Representatives of county governments and county human services departments; (h) Representatives of local domestic violence councils; (i) Representatives of domestic violence victim services providers or advocacy organizations; and (j) Other interested organizations. (2) The plan developed under subsection (1) of this section shall: (a) Set the criteria, procedures and timelines for allocation of funds; (b) Establish uniform systems for reporting requirements, collecting statistical data and reporting measurable outcomes for programs that receive funding; (c) Set guidelines for the planning, coordination and delivery of services by programs that receive funding; (d) Provide a process whereby the Department of Justice may review all findings from data collected from programs that receive funding. If the department conducts a review, the department shall use the information to develop future economic resources and services and to coordinate services; and (e) Further the purposes set forth in ORS 147.453. [2001 c.870 26] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.459. Considerations in developing plan. The Department of Justice, in developing the plan under ORS 147.456, shall consider ways to: (1) Balance funding for intervention, infrastructure and prevention services; (2) Prioritize services; (3) Utilize local community plans reflecting local program service needs; (4) Establish programs and services for victims of both domestic violence and sexual assault; (5) Establish programs that are culturally specific; and (6) Ensure that there is a coordinated community response to domestic violence and sexual assault and, to the extent practicable, ensure that domestic violence and sexual assault services are coordinated with other community services. [2001 c.870 29] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.462. Limits on expenditures from fund. In administering the Oregon Domestic and Sexual Violence Services Fund, the Department of Justice shall: (1) Expend no less than 15 percent of moneys distributed under the plan developed under ORS 147.456 on sexual assault services; and (2) Expend no more than 10 percent of the moneys distributed under the plan on administrative costs. [2001 c.870 28; 2007 c.299 1] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.465. Grantmaking; rules. (1) If sufficient funds are available in the Oregon Domestic and Sexual Violence Services Fund, the Attorney General or the Attorney Generals designee may make grants from the fund to carry out the plan developed under ORS
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.468. Authority of Department of Justice. To the extent that funds are available, the Department of Justice may: (1) Pursue centralized training, technical assistance, policy development and implementation; (2) Conduct statewide community outreach and public education; (3) Develop innovative projects based on demonstrated effectiveness that address domestic and sexual violence; (4) Provide information and policy advice based on current research and demonstrated effectiveness in Oregon and other states, including successful local strategies; and (5) Compile, analyze and distribute materials to inform and support statewide coordinated planning. [2001 c.870 27] Note: See note under