reglab/housing_qa huggingface dataset:
OR Rev Stat § 147.512 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 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, 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: (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] Note: See note under 147.500.
OR Rev Stat § 147.515 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 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 147.500.
OR Rev Stat § 147.517 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 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 147.500.
OR Rev Stat § 147.520 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 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 victim’s 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 147.517 (1)(a). [2009 c.178 §8] Note: See note under 147.500.
OR Rev Stat § 147.522 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 147.522 - Issue that will have impact on trial; challenge to designation as victim or victim’s 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 defendant’s 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 victim’s presence at trial shall file a motion within 35 days of arraignment, or of the defendant’s 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 victim’s presence at trial violates the Oregon Constitution or the United States Constitution. [2009 c.178 §9] Note: See note under 147.500.
OR Rev Stat § 147.525 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 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 147.522. All other matters in the criminal proceeding shall continue in the ordinary course. (2) In determining whether to reschedule a matter under subsection (1) of this section, in addition to other factors the court considers important, the court shall consider: (a) The likelihood that the requested relief will be granted in light of the support in fact and law for the relief, as shown in the claim, the response filed under ORS 147.517 (4) or the motion filed under ORS 147.522; (b) Whether the claim, response or motion is made 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 is requested and the public that will likely result from rescheduling the matter; (d) The rights guaranteed to the victim, the prosecuting attorney, the defendant and any person against whom relief is requested 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. (3) A pretrial release decision may not be continued under this section for more than 14 days. (4) Unless the court finds good cause to continue the trial to a later date, a trial may not be continued under this section for more than 14 days. [2009 c.178 §10] Note: See note under 147.500.
OR Rev Stat § 147.530 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 147.530 - Hearing on claim, response or motion; order.

(1) A hearing on a claim, a response filed under ORS 147.517 (4) or a motion filed under ORS 147.522 shall be conducted in accordance with this section. (2) At the hearing, the court may receive evidence relevant to the claim or motion. (3) As to a particular fact at issue, the court shall find against the person bearing the burden of persuasion unless the person proves the fact by a preponderance of the evidence. (4) If the court determines that the moving party: (a) Is entitled to relief, the court shall, after giving due consideration to the requested relief, issue a written order. (b) Is not entitled to relief or that the Oregon Constitution or the United States Constitution prohibits all appropriate relief, the court shall issue a written order denying relief. (5) An order issued under subsection (4) of this section must: (a) Be issued within seven days from the date of the hearing held pursuant to this section, unless the court finds good cause to issue the order at a later date. (b) Except as provided in ORS 147.517 (4)(b)(B), include the reasons relief was granted or denied. (6) The court shall provide a copy of the order issued under subsection (4) of this section to the victim, the prosecuting attorney, the defendant, any person who filed a response under ORS 147.517 (4) and any person against whom relief was ordered at the mailing address provided under ORS 147.517 (1)(a). [2009 c.178 §11; 2013 c.224 §2] Note: See note under 147.500.
OR Rev Stat § 147.533 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 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 147.500.
OR Rev Stat § 147.535 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 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 147.515, 147.520 or 147.530 shall be solely as provided in this section and ORS 147.537, 147.539 and 147.542. (b) A defendant who seeks to appeal an order issued under ORS 147.515, 147.520 or 147.530 must do so in the manner provided for appeals in ORS chapter 138. The 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 147.500.
OR Rev Stat § 147.539 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 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 Court’s 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 147.500.
OR Rev Stat § 147.542 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 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 147.500.
OR Rev Stat § 147.545 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 147.545 - Attorney General certification; intervention.

(1)(a) Prior to the Attorney General’s 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 General’s 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 147.500.
OR Rev Stat § 147.550 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 147 - Victims of Crime and Acts of Mass Destruction|Section 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 147.500.