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

ORS 147.545. Attorney General certification; intervention. (1)(a) Prior to the Attorney Generals first appearance in an appellate court proceeding in which the State of Oregon is a party and to which Article I, section 42 or 43, of the Oregon Constitution, applies, the Attorney General shall determine whether the Department of Justice has taken all reasonably practicable steps to fulfill the rights granted by Article I, sections 42 and 43, of the Oregon Constitution, to the victim of the crime in the appellate courts. (b) Unless otherwise provided by rule or order of the Chief Justice of the Supreme Court, the Attorney General shall, in the cases described in paragraph (a) of this subsection, certify the results of that determination to the court simultaneously with the Attorney Generals first appearance. (2) The Attorney General may intervene at any time on behalf of the State of Oregon in any trial court proceeding arising under ORS 147.500 to 147.550. [2009 c.178 17; 2013 c.224 5] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.550. Establishment of requirements and procedures by Chief Justice by rule or order. (1) The Chief Justice of the Supreme Court may, by rule or order, establish requirements and procedures necessary to comply with the provisions of ORS 147.500 to 147.550. (2) The Chief Justice of the Supreme Court shall prescribe the forms described in ORS 147.510 (4) and 147.515 (2)(a). The form described in ORS 147.515 (2)(a) must allow a victim to designate an alternate mailing address or to substitute a person to receive notice or service on behalf of the victim for the purposes of ORS 147.500 to 147.550. [2009 c.178 18] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.560. Task Force on Victims Rights Enforcement; duties; reports. (1) There is created the Task Force on Victims Rights Enforcement consisting of the Attorney General and at least nine members appointed as follows: (a) The Attorney General shall appoint: (A) Two members employed by or associated with a group advocating for the rights of victims of crime; (B) A member who represents the Department of Justice Crime Victims Services Division; (C) A lawyer routinely engaged in the representation of persons charged with a crime, after consulting with professional organizations serving such lawyers; (D) A lawyer routinely engaged in prosecuting persons charged with person felony crimes, after consulting with professional organizations serving such lawyers; (E) A lawyer routinely engaged in prosecuting persons charged with a crime, after consulting with professional organizations serving such lawyers; and (F) Other persons the Attorney General deems appropriate; (b) The Chief Justice of the Supreme Court shall appoint: (A) A person employed by the Judicial Department, other than a judge; and (B) A judge; and (c) The executive director of the Oregon Public Defense Commission shall appoint a person employed by the commission. (2) The task force shall review the implementation of ORS 147.500 to 147.550. (3) The Attorney General shall serve as chair of the task force and may establish a term of office for the members. The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force. (4) Members serve at the pleasure of the appointing authority. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective. (5) The task force may prepare reports that include recommendations for legislation designed to improve, in a cost-efficient manner, the protection of rights granted to victims of crime by the Oregon Constitution. The task force may submit a report prepared under this subsection to the Legislative Assembly in the manner provided in ORS 192.245. (6) Members of the task force are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force. (7) The Department of Justice shall provide staff support to the task force. (8) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2009 c.178 20; repealed by 2009 c.178 21; amendments by 2013 c.582 2 treated as reenactment; status of statute reaffirmed by 2015 c.27 13; 2023 c.281 35] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.575. Recommendations for achieving full compliance with victims rights laws; model rules, procedures or policies. (1) The Attorney General may adopt rules to establish a nonjudicial process, independent of the process established in ORS 147.500 to 147.550 and applicable to agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement agencies, to receive claims of violations of rights granted to victims of crime in the criminal and juvenile justice systems by law, to determine whether violations have occurred and to make nonbinding recommendations for achieving full compliance with victims rights laws in the future. (2) The Attorney General, in consultation with agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement agencies, may promulgate model rules, procedures or policies, applicable only to entities outside of the judicial branch of state government, effectuating rights granted to victims by law. Model rules, procedures or policies are not enforceable by law, but the Attorney General may condition the provision of victim assistance funds or support by the Department of Justice on compliance with such model rules, procedures or policies. [2009 c.178 22] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.600. Confidentiality of certain victim communications and records; exception. (1) As used in this section: (a) Certified advocate means a person who: (A) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and (B) Is an employee or a volunteer of a qualified victim services program. (b) Confidential communication means a written or oral communication that is not intended for further disclosure to third persons except to: (A) Persons present at the time the communication is made who are present to further the interests of the victim in the course of seeking safety planning, counseling, support or advocacy services; (B) Persons reasonably necessary for the transmission of the communication; or (C) Other persons, in the context of group counseling. (c) Qualified victim services program means: (A) A nongovernmental, nonprofit, community-based program receiving moneys administered by the state Department of Human Services or the Oregon or United States Department of Justice, or a program administered by a tribal government, that offers safety planning, counseling, support or advocacy services to victims of domestic violence, sexual assault or stalking; or (B) A sexual assault center, victim advocacy office, womens center, student affairs center, health center or other program providing safety planning, counseling, support or advocacy services to victims that is on the campus of or affiliated with a two-year or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant. (d) Victim means a person seeking safety planning, counseling, support or advocacy services related to domestic violence, sexual assault or stalking at a qualified victim services program. (2) Except as provided in ORS 40.252 and 40.264, without the written, informed consent of the victim that is reasonably limited in duration, a certified advocate or a qualified victim services program may not disclose: (a) Confidential communications between a victim and the certified advocate or qualified victim services program made in course of safety planning, counseling, support or advocacy services. (b) Records that are created or maintained in the course of providing services regarding the victim. (3) Notwithstanding subsection (2) of this section, a certified advocate or a qualified victim services program may disclose confidential communications or records without the victims consent only: (a) To the extent necessary for defense in any civil, criminal or administrative action that is brought against the certified advocate, or against the qualified victim services program, by or on behalf of the victim; and (b) As otherwise required by law. (4) This section does not prohibit the disclosure of aggregate, nonpersonally identifying data. [2015 c.265 4; 2017 c.256 2] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.605. Definitions for ORS 147.607 and 147.610. As used in ORS 147.607 and 147.610: (1) Offender means a person who has engaged in the commission of a crime. (2) Participant means a person who is a crime victim, survivor or offender. (3) Restorative justice communication means: (a) All communications, written and oral that are made in the course of, or in connection with, any phase of a restorative justice program, including but not limited to a phase under which a facilitated dialogue occurs and the referral, preparation, pre-enrollment, enrollment, post-enrollment and post-dialogue phases of the program. (b) All memoranda, work products, documents and other materials that are prepared for or submitted in the course of, or in connection with, any phase of a restorative justice program, including but not limited to a phase under which a facilitated dialogue occurs and the referral, preparation, pre-enrollment, enrollment, post-enrollment and post-dialogue phases of the program. (4) Restorative justice program means a community-based program administered by a private or public entity that offers as a part of the program a facilitated dialogue between a crime victim or a survivor and the offender. (5) Survivor means a person who has experienced harm as a result of an offenders crime. [2023 c.95 1] Note:
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.607. Legislative findings. The Legislative Assembly finds and declares that: (1) Restorative justice programs can promote justice and healing for crime victims and survivors. (2) A facilitated dialogue is most successful when it is conducted in a manner that fosters the participants maximum openness about a crime, or the impact of the crime, by providing the participants with the knowledge that their communications will not be disclosed or used against them in subsequent adjudicatory or judicial proceedings. (3) It is the policy and purpose of this ORS 147.610 that restorative justice communications are confidential, except in limited exceptions as specified in statute. [2023 c.95 2] Note: See note under
ORS Chapter 147 — Victims of Crime and Acts of

ORS 147.610. Confidentiality of restorative justice communications; exceptions. (1) Except as provided in this section, restorative justice communications are confidential, exempt from public disclosure and: (a) May not be used or disclosed by any restorative justice program staff members, facilitators, participants or any community members or persons who provide support to the restorative justice program, for any purpose unrelated to the program. (b) Are not admissible as evidence in any administrative or judicial proceeding. (2) A restorative justice communication is not confidential if: (a) A restorative justice program staff member or facilitator reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or substantial bodily injury to a specific person; or (b) The parties who are participants of a facilitated dialogue under a restorative justice program provide written consent that all or part of the communication may be disclosed. (3) Any communication relating to child abuse that is made to a person who is required to report child abuse under the provisions of ORS 419B.010 is not confidential to the extent that the person is required to report child abuse under ORS 419B.010. (4) Any communication relating to elder abuse under the provisions of ORS 124.050 to 124.095 is not confidential to the extent that a person is required to report elder abuse under the provisions of ORS 124.050 to 124.095. [2023 c.95 3] Note: See note under
ORS Chapter 161 — General Provisions

ORS 161.005. Short title. ORS 161.005 to 161.055, 161.065, 161.085 to 161.125, 161.150 to 161.175,
ORS Chapter 161 — General Provisions

ORS 161.010. [Repealed by 1971 c.743 432]
ORS Chapter 161 — General Provisions

ORS 161.015. General definitions. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise: (1) Dangerous weapon means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury. (2) Deadly weapon means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury. (3) Deadly physical force means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury. (4) Peace officer means: (a) A member of the Oregon State Police; (b) A sheriff, constable, marshal, municipal police officer or reserve officer as defined in ORS 133.005, or a police officer commissioned by a university under ORS 352.121 or 353.125; (c) An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorneys office; (d) A humane special agent as defined in ORS 181A.345; (e) A regulatory specialist exercising authority described in ORS 471.775 (2); (f) An authorized tribal police officer as defined in ORS 181A.940; and (g) Any other person designated by law as a peace officer. (5) Person means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality. (6) Physical force includes, but is not limited to, the use of an electrical stun gun, tear gas or mace. (7) Physical injury means impairment of physical condition or substantial pain. (8) Serious physical injury means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. (9) Possess means to have physical possession or otherwise to exercise dominion or control over property. (10) Public place means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. [1971 c.743 3; 1973 c.139 1; 1979 c.656 3; 1991 c.67 33; 1993 c.625 4; 1995 c.651 5; 2011 c.506 22; 2011 c.641 2; 2011 c.644 23,46; 2012 c.54 16,17; 2012 c.67 9,10; 2013 c.180 23,24; 2015 c.174 11; 2015 c.614 147,148] Note: Legislative Counsel has substituted chapter 743, Oregon Laws 1971, for the words this Act in sections 2, 3, 4, 5, 6, 7, 19, 20, 21 and 36, chapter 743, Oregon Laws 1971, compiled as 161.015, 161.025, 161.035, 161.045, 161.055, 161.085,
ORS Chapter 161 — General Provisions

ORS 161.020. [Amended by 1967 c.372 9; repealed by 1971 c.743 432]
ORS Chapter 161 — General Provisions

ORS 161.025. Purposes; principles of construction. (1) The general purposes of chapter 743, Oregon Laws 1971, are: (a) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the correction and rehabilitation of those convicted, and their confinement when required in the interests of public protection. (b) To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests. (c) To give fair warning of the nature of the conduct declared to constitute an offense and of the sentences authorized upon conviction. (d) To define the act or omission and the accompanying mental state that constitute each offense and limit the condemnation of conduct as criminal when it is without fault. (e) To differentiate on reasonable grounds between serious and minor offenses. (f) To prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders. (g) To safeguard offenders against excessive, disproportionate or arbitrary punishment. (2) The rule that a penal statute is to be strictly construed shall not apply to chapter 743, Oregon Laws 1971, or any of its provisions. Chapter 743, Oregon Laws 1971, shall be construed according to the fair import of its terms, to promote justice and to effect the purposes stated in subsection (1) of this section. [1971 c.743 2] Note: See note under
ORS Chapter 161 — General Provisions

ORS 161.035. Application of Criminal Code. (1) Chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined in chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense. (2) Except as otherwise expressly provided, or unless the context requires otherwise, the provisions of chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined outside chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense. (3) Chapter 743, Oregon Laws 1971, shall not apply to or govern the construction of and punishment for any offense committed before January 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be construed and punished according to the law existing at the time of the commission of the offense in the same manner as if chapter 743, Oregon Laws 1971, had not been enacted. (4) When all or part of a criminal statute is amended or repealed, the criminal statute or part thereof so amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction and punishment of a person who violated the statute or part thereof before the effective date of the amending or repealing Act. [1971 c.743 5] Note: See note under
ORS Chapter 161 — General Provisions

ORS 161.040. [Repealed by 1971 c.743 432]
ORS Chapter 161 — General Provisions

ORS 161.045. Limits on application. (1) Except as otherwise expressly provided, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by chapter 743, Oregon Laws 1971, but by the criminal procedure statutes. (2) Chapter 743, Oregon Laws 1971, does not affect any power conferred by law upon a court-martial or other military authority or officer to prosecute and punish conduct and offenders violating military codes or laws. (3) Chapter 743, Oregon Laws 1971, does not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in chapter 743, Oregon Laws 1971. (4) No conviction of a person for an offense works a forfeiture of the property of the person, except in cases where a forfeiture is expressly provided by law. [1971 c.743 6] Note: See note under
ORS Chapter 161 — General Provisions

ORS 161.050. [Repealed by 1971 c.743 432]
ORS Chapter 161 — General Provisions

ORS 161.055. Burden of proof as to defenses. (1) When a defense, other than an affirmative defense as defined in subsection (2) of this section, is raised at a trial, the state has the burden of disproving the defense beyond a reasonable doubt. (2) When a defense, declared to be an affirmative defense by chapter 743, Oregon Laws 1971, is raised at a trial, the defendant has the burden of proving the defense by a preponderance of the evidence. (3) The state is not required to negate a defense as defined in subsection (1) of this section unless it is raised by the defendant. Raised by the defendant means either notice in writing to the state before commencement of trial or affirmative evidence by a defense witness in the defendants case in chief. [1971 c.743 4] Note: See note under
ORS Chapter 161 — General Provisions

ORS 161.060. [Repealed by 1971 c.743 432]
ORS Chapter 161 — General Provisions

ORS 161.065. Evidence of physical injury. (1) In a prosecution for an offense that includes, as an element, causing physical injury to another person, evidence of physical injury may include but is not limited to: (a) Testimony by the person alleged to have been injured; (b) Evidence of physical trauma; (c) Testimony from witnesses indicating that the person alleged to have been injured experienced substantial pain or impairment of physical condition; or (d) Expert testimony addressing the effect of the type and amount of force used by the defendant. (2) As used in this section, physical trauma includes but is not limited to fractures, cuts, punctures, bruises, burns or other observable effects.
ORS Chapter 161 — General Provisions

ORS 161.067. Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations. (1) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations. (2) When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims. However, two or more persons owning joint interests in real or personal property shall be considered a single victim for purposes of determining the number of separately punishable offenses if the property is the subject of one of the following crimes: (a) Theft as defined in ORS 164.015. (b) Unauthorized use of a vehicle as defined in ORS 164.135. (c) Criminal possession of rented or leased personal property as defined in ORS 164.140. (d) Criminal possession of a rented or leased motor vehicle as defined in ORS 164.138. (e) Burglary as defined in ORS 164.215 or 164.225. (f) Criminal trespass as defined in ORS 164.243, 164.245, 164.255, 164.265 or 164.278. (g) Arson and related offenses as defined in ORS 164.315, 164.325 or 164.335. (h) Forgery and related offenses as defined in ORS 165.002 to 165.070. (3) When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but nevertheless involves repeated violations of the same statutory provision against the same victim, there are as many separately punishable offenses as there are violations, except that each violation, to be separately punishable under this subsection, must be separated from other such violations by a sufficient pause in the defendants criminal conduct to afford the defendant an opportunity to renounce the criminal intent. Each method of engaging in oral or anal sexual intercourse as defined in ORS 163.305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 and 163.411 shall constitute separate violations of their respective statutory provisions for purposes of determining the number of statutory violations.
ORS Chapter 161 — General Provisions

ORS 161.070. [Repealed by 1971 c.743 432]
ORS Chapter 161 — General Provisions

ORS 161.080. [Repealed by 1971 c.743 432] CRIMINAL LIABILITY