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

ORS 147.471. Advisory council. (1) There is created an advisory council that shall consist of at least 15, but not more than 20, members. The council shall advise the Department of Justice on the administration of the policies and practices of the domestic and sexual violence services program. Members shall be appointed by and serve at the pleasure of the Attorney General. Membership in the council shall: (a) Accurately reflect the diversity of the population in Oregon as well as the diversity of individuals needing services; (b) Be composed of both lay and professionally trained individuals with expertise in domestic violence and sexual assault services; (c) Include representatives of other state agencies providing services; (d) Include representatives of professional, civil or other public or private organizations; (e) Include private citizens interested in service programs; and (f) Include recipients of assistance or services or their representatives. (2) Members of the advisory council may not receive compensation for their services. Members of the advisory council other than members employed in full-time public service shall be reimbursed by the Department of Justice for their actual and necessary expenses incurred in the performance of their duties. The reimbursement shall be subject to the provisions of ORS 292.210 to 292.288. Members of the advisory council who are employed in full-time public service may be reimbursed by their employing agencies for their actual and necessary expenses incurred in the performance of their duties. [2001 c.870 30; 2007 c.71 42] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.485. 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. Note: Sections 4, 5 and 6, chapter 187, Oregon Laws 2023, provide: Sec. 4. No later than December 31, 2025, the advisory committee appointed by the Department of Justice under ORS 147.480 shall submit a report to the interim committees of the Legislative Assembly related to human services, in the manner described in ORS 192.245, describing: (1) How many screenings under section 2 of this 2023 Act [419C.030] were conducted between January 1, 2024, and December 1, 2025; (2) The number of victims of sex trafficking who were identified as a result of the screenings described in subsection (1) of this section; (3) The types of resources to which the victims described in subsection (2) of this section were referred; and (4) Any gaps in resources available to victims of sex trafficking that were identified by the advisory committee. [2023 c.187 4] Sec. 5. (1) No later than January 1, 2024, the Department of Justice shall make the referral resource list, screening tool and training described in section 2 of this 2023 Act [419C.030] available to county juvenile departments. (2) No later than July 1, 2024, a county juvenile department shall ensure that all staff of the county juvenile department who work directly with youths and adjudicated youths have completed the screening tool training developed by the Department of Justice under section 2 of this 2023 Act. (3) No later than January 1, 2025, the Department of Justice shall develop and begin providing the training described in section 3 of this 2023 Act [147.485]. (4) No later than January 1, 2026, and every two years thereafter, state agencies and county juvenile departments shall ensure that employees described in section 3 (3) and (4) of this 2023 Act have completed the training developed by the Department of Justice under section 3 of this 2023 Act. [2023 c.187 5] Sec. 6. Sections 4 and 5 of this 2023 Act are repealed on January 2, 2026. [2023 c.187 6] EFFECTUATION OF CRIME VICTIMS CONSTITUTIONAL RIGHTS
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.502. General provisions. (1) A victim may assert a claim under ORS 147.500 to 147.550 personally, through an attorney or through an authorized prosecuting attorney. (2) If the defendant or victim is represented by counsel, counsel for the defendant or victim shall be served or notified in lieu of service on or notification to a defendant or victim under ORS 147.500 to 147.550. (3) A court may not charge a filing fee, service fee, motion fee or hearing fee for a proceeding under ORS 147.500 to 147.550. (4) The time within which an act is to be done under ORS 147.500 to 147.550 is determined under ORS 174.120 and 174.125. (5) ORCP 17 applies to the provision of documents to the court under ORS 147.500 to
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.504. Scope. (1) ORS 147.500 to 147.550 effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding. A remedy for a violation of section 42 or 43, Article I of the Oregon Constitution, in any other proceeding may be enforced by writ of mandamus under ORS 34.105 to 34.240. (2) Nothing in ORS 147.500 to 147.550: (a) Affects the authority granted by law to the prosecuting attorney to assert the publics interest, including but not limited to: (A) Asserting rights granted to victims by law; and (B) Investigating and presenting to the court evidence relating to restitution. (b) Authorizes a court to order the dismissal of a criminal proceeding or to grant a motion for judgment of acquittal, in arrest of judgment or for a new trial. (c) Reduces a defendants rights under the United States Constitution or authorizes the suspension of a criminal proceeding if the suspension would violate a right of a defendant guaranteed by the Oregon Constitution or the United States Constitution. [2009 c.178 19] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.508. Reconsideration of release decision. (1) At the request of a victim, the prosecuting attorney may request that the court schedule a hearing to reconsider a release decision if: (a) The victim did not have notice of, or an opportunity to be heard at, a hearing in which the court released the defendant from custody or reduced the defendants security amount; and (b) The victims request is made no later than 30 days after the victim knew or reasonably should have known of the release decision that is to be reconsidered. (2) As used in this section, release decision includes: (a) Decisions made at arraignment; and (b) Decisions made at hearings described in ORS 419C.273 (1)(b)(A) to (C). [2009 c.178 4; 2011 c.659 2; 2023 c.182 11] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.512. Plea hearings, sentencing hearings and settlement conferences. (1) Notwithstanding ORS 147.510, at the beginning of each judicial settlement conference, plea hearing or sentencing hearing, the prosecuting attorney shall inform the court whether the victim is present. If the victim is not present and the case involves a defendant charged with a violent felony or bias crime in the first degree under ORS 166.165, the prosecuting attorney shall inform the court whether the victim was informed of the conference or hearing. (2) In any case involving a defendant charged with a violent felony or bias crime in the first degree under ORS 166.165: (a) If the victim requests, the prosecuting attorney shall make reasonable efforts to consult the victim before making a plea offer and before entering into a final plea agreement. (b) Before the court accepts a plea of guilty or no contest: (A) If the victim is present, the court shall ask whether the victim was consulted regarding plea negotiations, if the victim agrees or disagrees with the plea agreement as presented to the court and whether the victim wishes to be heard regarding the plea agreement. (B) If the victim is not present, the court shall ask the prosecuting attorney whether the victim requested to be informed and consulted regarding plea negotiations. If the victim made such a request, the court shall ask the prosecuting attorney what reasonable efforts to inform and consult the victim concerning plea negotiations were made and whether the victim agrees or disagrees with the plea agreement. (c) If the court finds that the victim requested consultation regarding plea negotiations and that the prosecuting attorney failed to make reasonable efforts to consult the victim, the court shall direct the prosecuting attorney to make reasonable efforts to consult the victim and may not accept the plea unless the court makes a finding on the record that the interests of justice require the acceptance of the plea. (3) Before the court imposes sentence, the court shall ask whether the victim wishes to express the views described in ORS 137.013. [2009 c.178 5; 2011 c.659 1; 2023 c.549 7] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.515. Claims. (1) A victim who wishes to allege a violation of a right granted to the victim in a criminal proceeding by Article I, section 42 or 43, of the Oregon Constitution, shall inform the court within 30 days of the date the victim knew or reasonably should have known of the facts supporting the allegation. The victim shall describe the facts supporting the allegation and propose a remedy. (2) The victim may inform the court of a claim: (a) On a form prescribed by the Chief Justice of the Supreme Court; or (b) On the record in open court and in the presence of the defendant and the prosecuting attorney. (3) If the victim informs the court of a facially valid claim on a form under subsection (2)(a) of this section, the court shall promptly issue the order to show cause described in ORS 147.517. (4) If the victim informs the court of a facially valid claim orally under subsection (2)(b) of this section and the court determines: (a) That each person entitled to notice of the claim and a reasonable opportunity to be heard is present, the court shall hold a hearing under ORS 147.530 as soon as practicable; or (b) That any person entitled to notice of the claim and a reasonable opportunity to be heard is not present, the court shall issue the order to show cause described in ORS 147.517. (5) If the court determines that the victim has not alleged a facially valid claim, the court shall enter a written order dismissing the claim. The order must: (a) Include the reasons the claim was dismissed; and (b) Be without prejudice to file, within seven days from the date the victim receives the written order dismissing the claim, a corrected claim for the sole purpose of correcting the deficiency identified by the court. (6) If a victim informs the court of a claim orally and the court does not immediately hear the matter, the court may require the victim to complete the form described in subsection (2)(a) of this section. [2009 c.178 6; 2011 c.659 3; 2013 c.224 1] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.517. Notice; order to show cause; response. (1)(a) Except as provided in subsection (3) of this section, the victim or the prosecuting attorney shall provide notice of a claim asserted by the victim to any person the victim wishes to have bound by an order granting relief by providing the person with a copy of the order to show cause described in this section. The victim or prosecuting attorney shall provide the court with a mailing address for any person the victim or prosecuting attorney provides with a copy of the order to show cause under this paragraph. (b) An order granting relief under ORS 147.520 or 147.530 is not enforceable against, and has no legal effect on, any person who did not receive notice or have knowledge of the claim and did not have a reasonable opportunity to be heard regarding the claim. (2) Upon receipt of a facially valid claim under ORS 147.515 (3) or (4)(b), the court shall issue an order to show cause why the victim should not be granted relief. The court shall, after considering the requirements of ORS 147.530 (5)(a), include in the order to show cause the date: (a) By which responses to the claim must be submitted to the court; and (b) On which the court will conduct a hearing on timely responses to the claim. (3) The court shall provide a copy of the order to show cause and of the form described in ORS 147.515 (2)(a), if the form was completed, to: (a) The victim; (b) The prosecuting attorney; and (c) The defendant. (4)(a) If the court issues an order to show cause under this section, a victim, the prosecuting attorney, the defendant or any person against whom relief is requested may contest the claim by filing a response with the court before the date specified in the order under subsection (2)(a) of this section. (b)(A) When a claim alleges a violation of a right granted to the victim under section 42, Article I of the Oregon Constitution, the prosecuting attorney may file an ex parte response that includes an affidavit setting forth good cause to suspend the rights established in section 42, Article I of the Oregon Constitution. (B) The court shall review the response and affidavit in camera. If the court finds that the prosecuting attorney has a good faith belief that the criminal proceeding involves a minor victim or organized crime, as that term is defined in ORS 180.600, and the court finds good cause to suspend the rights established in section 42, Article I of the Oregon Constitution, the court shall enter an order suspending those rights. The order may not include the facts that formed the basis of the suspension. (C) The prosecuting attorney shall make a reasonable effort to provide notice of the suspension to the victim and the defendant. (D) The response and affidavit described in this paragraph may not be disclosed and must be sealed and made a part of the record for purposes of appellate review. [2009 c.178 7] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.520. Resolution of claim when response not filed. (1) If a response to the order to show cause issued under ORS 147.517 is not timely filed, the court shall: (a) Make factual findings supported by the record; and (b) Determine whether the factual findings constitute a violation of a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution. (2) If the court determines that the victims rights: (a) Have been violated, except as provided in paragraph (c) of this subsection, the court shall issue an order after giving due consideration to the proposed remedy. (b) Have not been violated, the court shall issue an order denying relief. (c) Have been violated but that the Oregon Constitution or the United States Constitution prohibits all appropriate remedies or that the court has suspended the rights of the victim under ORS 147.517 (4)(b), the court shall issue an order denying relief. (3) The order issued under subsection (2) of this section must be in writing and, except as provided in ORS 147.517 (4)(b)(B), must include the reasons relief was granted or denied. (4) The court shall provide a copy of the order issued under subsection (2) of this section to the victim, the prosecuting attorney, the defendant and any person against whom relief was ordered at the mailing address provided under ORS
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.522. Issue that will have impact on trial; challenge to designation as victim or victims presence at trial. (1) A victim or prosecuting attorney who seeks a determination of an issue involving a right granted by section 42 or 43, Article I of the Oregon Constitution, that will impact the conduct of the trial shall file a motion within 35 days of the arraignment, or of the defendants entry of the initial plea on an accusatory instrument, whichever is sooner, unless the factual basis of the determination becomes known to the movant at a later time and could not reasonably have been discovered earlier, in which case the motion must be filed promptly. (2) A defendant who seeks to challenge the designation of a person as a victim shall: (a) File a response to a claim under ORS 147.517 (4); or (b) File a motion within seven days after the date the victim first exercises a right granted by section 42 or 43, Article I of the Oregon Constitution, unless the court finds good cause to allow the motion at a later time. (3) A defendant who seeks to object to a victims presence at trial shall file a motion within 35 days of arraignment, or of the defendants entry of the initial plea on an accusatory instrument, whichever is sooner, unless the factual basis of the objection could not reasonably be discovered earlier, in which case the motion must be filed promptly. (4) The court shall conduct a hearing on a motion filed under this section and rule on the motion as soon as practicable. The court may not grant relief under subsection (2) or (3) of this section unless the designation of a person as a victim or the victims presence at trial violates the Oregon Constitution or the United States Constitution. [2009 c.178 9] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.525. Rescheduling matters affected by claim, response or motion. (1) Pending the hearing described in ORS 147.530, the court may reschedule any matter in the criminal proceeding that may directly impact, or be directly impacted by, the claim, a response filed under ORS 147.517 (4) or a motion filed under ORS
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.530. provisions of this section and ORS 147.537, 147.539 and 147.542 do not apply to an appeal under ORS chapter 138. (c) Nothing in ORS 147.500 to 147.550 affects the ability of a defendant to petition for a writ of mandamus. (2) Jurisdiction for appellate review of an order issued under ORS 147.515, 147.520 or 147.530 is vested originally and exclusively in the Supreme Court. (3) Subject to ORS 147.542, the jurisdiction of the Supreme Court is limited to the order for which appellate review is sought and the trial court retains jurisdiction over all other matters in the criminal proceeding. (4) Appellate review of an order issued under ORS 147.515, 147.520 or 147.530 shall be as provided in: (a) ORS 147.537 if the order was issued under ORS 147.520 or 147.530 in a criminal proceeding in which a defendant is charged with a felony or a person Class A misdemeanor, as that term is defined by rule of the Oregon Criminal Justice Commission, and the order arises from a motion or claim alleging a violation that occurred prior to the pronouncement in open court of the sentence or disposition after a plea, admission or trial in the criminal proceeding. (b) ORS 147.539 in all appeals arising under ORS 147.500 to 147.550 except those described in paragraph (a) of this subsection. (5) The victim, the state or any person against whom relief was ordered has standing to seek appellate review of an order unless, after notice and a reasonable opportunity to be heard on the claim or motion that resulted in the order or a related claim or motion, the person or party seeking appellate review did none of the following: (a) Inform the court of a claim. (b) File a response under ORS 147.517 (4). (c) File a motion under ORS 147.522. (d) Participate in a hearing under ORS 147.530. (6) Pursuant to ORS 180.060, the Attorney General shall appear for the state in all appeals under this section and ORS 147.537, 147.539 and 147.542. [2009 c.178 13; 2013 c.224 3] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.533. Waiver of remedy. (1) A remedy under ORS 147.500 to 147.550 is waived if the remedy is requested: (a) By a victim who had notice of a related claim and did neither of the following: (A) File a response under ORS 147.517 (4); or (B) Participate in a hearing under ORS 147.530; or (b) By any person after: (A) The date determined by the court under ORS 147.517 (2)(a) if the person is filing a response; (B) The period of time described in ORS 147.522 if the person is filing a motion; or (C) Former jeopardy attaches, unless a motion for new trial or a motion in arrest of judgment is granted. (2) Subsection (1) of this section does not apply to: (a) Remedies that may be effectuated after the disposition of a criminal proceeding; (b) The right to obtain information described in section 42 (1)(b), Article I of the Oregon Constitution; (c) The right to receive prompt restitution described in section 42 (1)(d), Article I of the Oregon Constitution; (d) The right to have a copy of a transcript described in section 42 (1)(e), Article I of the Oregon Constitution; or (e) Remedies requested in a subsequent criminal proceeding arising after a state or federal court has granted a new trial or sentencing, provided the remedy is not waived pursuant to subsection (1) of this section in the subsequent criminal proceeding. [2009 c.178 12] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.535. Appeals generally. (1)(a) Notwithstanding any other provision of law and except as provided in paragraph (b) of this subsection, appellate review of an order issued under ORS
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.539. Discretionary review. Appellate review of an order described in ORS 147.535 (4)(b) shall be as provided in ORS 147.537, except that: (1) The Supreme Courts jurisdiction is discretionary. The court may by rule prescribe the criteria the court will use to decide whether to grant review. The initiating document is a petition for review, but the petition must be accompanied by the same materials described in ORS 147.537 (4), and the person seeking review shall be identified as the petitioner. (2) The respondent may elect not to file a response until after the Supreme Court has decided to accept review, in which case the response must be filed within seven days after the Supreme Court issues an order granting review. (3) ORS 147.537 (15) does not apply to review under this section. The Supreme Court may dismiss a review improvidently granted. (4)(a) Except as provided in paragraph (b) of this subsection, the Supreme Court shall issue its decision on appeal under this section within 21 days after the date the court issued the order granting review. (b) The Supreme Court may issue a final decision beyond the 21-day period if the court determines that the ends of justice served by issuing a final decision at a later date outweigh the best interests of the victim, the prosecuting attorney, the defendant, any person against whom relief was ordered and the public. [2009 c.178 15] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.542. Stay pending appeal. (1) The trial court shall stay for a period of 21 days all matters that directly impact, or are directly impacted by, the order on appeal: (a) Upon receipt of a notice of interlocutory appeal under ORS 147.537; or (b) Upon the issuance of an order granting review under ORS 147.539. (2) The Supreme Court may extend or reduce the length of or vacate the stay on its own motion or on the motion of a victim, prosecuting attorney, defendant or any person against whom relief was ordered. (3) In making the determination described in subsection (2) of this section, in addition to other factors the Supreme Court considers important, the court shall consider: (a) The likelihood that the appellant will prevail on appeal in light of the support in fact and law for the appeal; (b) Whether the appeal is taken in good faith and not for the purpose of delay; (c) The nature of the harm to the victim, the prosecuting attorney, the defendant, any person against whom relief was ordered and the public that will likely result from the grant or denial of a stay; (d) The rights guaranteed to the victim, the prosecuting attorney, the defendant and any person against whom relief was ordered under the Oregon Constitution or the United States Constitution and under Oregon statutory and decisional law; and (e) Whether the defendant is in custody and, if so, whether the defendant has expressly consented to a continuance of the trial under ORS 136.290. [2009 c.178 16] Note: See note under