reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.174 - Medical examiner to provide information about unidentified human remains; identification.

(1) If a medical examiner is unable to determine the identity of human remains, the medical examiner shall, not later than 30 days after such remains are brought to the medical examiner’s attention, notify and provide to the Superintendent of State Police or the superintendent’s designee all information in the medical examiner’s records concerning the remains.
(2) The medical examiner shall make reasonable attempts to promptly identify human remains and may consider procedures consistent with current forensic autopsy performance standards of the National Association of Medical Examiners. Reasonable attempts to identify human remains include, but are not limited to, obtaining:
(a) Photographs of the remains prior to an autopsy;
(b) Dental or skeletal X-rays of the remains;
(c) Photographs of items found with the remains;
(d) Fingerprints of the remains; and
(e) Samples of tissue, bone or hair from the remains that are suitable for DNA (deoxyribonucleic acid) analysis.
(3) The medical examiner may not dispose of unidentified human remains, or take any action that materially affects the unidentified human remains, before the medical examiner completes the steps described in subsection (2) of this section. [Formerly 146.515]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.177 - Procedures for investigating missing persons.

Written policies adopted by Oregon law enforcement agencies regarding missing persons shall specify the procedures for investigating missing persons in order to ensure that reported missing persons cases, particularly those involving minor children, are investigated as soon as possible, utilizing all available resources. In adopting policies under this section, Oregon law enforcement agencies may consider standards set by the Oregon Accreditation Alliance and adopt policies consistent with Oregon Accreditation Alliance standards. Policies adopted under this section should include the following:
(1) Requirements for accepting missing persons reports;
(2) Procedures for initial investigations;
(3) Responsibility for follow-up investigations;
(4) Standards for maintaining and clearing computer data of missing persons information stored in the Law Enforcement Data System and the National Crime Information Center; and
(5) Initiation and activation criteria for Amber Plan alerts under ORS 181A.315. [2007 c.500 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.184 - Medical practitioners to provide information about missing persons.

(1) A dentist, denturist, physician, naturopathic physician, optometrist or other medical practitioner, upon receipt of a written request from a law enforcement agency for identifying information pursuant to ORS 146.181, shall provide to the agency any information known to the practitioner upon the request forms provided by the agency.
(2) Information obtained under this section is restricted to use for the identification of missing persons or the identification of unidentified human remains and may not be made available to the public.
(3) Compliance with a written request for information under this section by a dentist, denturist, physician, naturopathic physician, optometrist or other medical practitioner does not constitute a breach of confidentiality. [Formerly 146.535; 2017 c.356 §17]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.187 - DNA sample.

(1) If a person who has been reported as missing has not been located within 30 days after the missing person report is made, the law enforcement agency that accepted the missing persons report shall attempt to obtain a DNA sample from the missing person or from family members of the missing person in addition to any documentation necessary to enable the agency to use the samples in conducting searches of DNA databases.
(2) A law enforcement agency shall forward a DNA sample obtained for use in a missing persons case as directed by the Department of State Police.
(3) A person, or the executor of the person’s estate, who was a missing person and who had a DNA sample obtained for use in the person’s case may request the destruction of the DNA sample, and any resultant database entries, when the missing person has been located or identified. The request shall be made in writing to the department. The department, upon confirming that the status of the missing person has been resolved, shall destroy the DNA sample and remove any database entries related to the DNA sample.
(4) As used in this section, "DNA" means deoxyribonucleic acid. [2007 c.500 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.189 - Use of records to identify human remains and missing persons; disposition of records.

(1) If the Superintendent of State Police is notified that a record of unidentified human remains filed by the Department of State Police under ORS 146.171 corresponds with the record of a person reported as missing, the superintendent shall immediately notify the medical examiner who reported the unidentified human remains and the law enforcement agency that filed the missing person report under ORS 146.181. If the medical examiner identifies the remains, the medical examiner shall immediately notify the superintendent and the superintendent shall cancel the report of unidentified human remains.
(2) When a person reported as missing under ORS 146.181 is found, or when the remains of the person have been discovered and identified, the law enforcement agency to which the person was reported missing shall cancel the reports to state and federal authorities under ORS 146.181. The agency shall destroy all information and material received under ORS 146.181 relating to a missing person who is discovered to be living. In the case of a missing person found to be no longer living, the agency shall seal the information and material obtained under ORS 146.181, except as otherwise may be necessary to investigate or prosecute a criminal action relating to the person’s disappearance or death. [Formerly 146.545]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.710 - Definition for ORS 146.710 to 146.780.

As used in ORS 146.710 to 146.780, "injury" means:
(1) A physical injury caused by a knife, gun, pistol or other dangerous or deadly weapon; or
(2) A serious physical injury. [1963 c.621 §1; 1965 c.472 §1; 1967 c.545 §1; 1971 c.451 §9; 2007 c.294 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.730 - Investigation.

A medical examiner or district attorney may investigate an injury whenever the injury occurred under suspicious or unknown circumstances. All authority granted to the medical examiner or district attorney by ORS 146.003 to 146.189 and 146.710 to 146.992 may be exercised in making such investigation. [1963 c.621 §2; 1965 c.221 §18; 1967 c.545 §§2,3; 1971 c.401 §7; 1971 c.451 §10; 1973 c.408 §26; 2007 c.294 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.740 - Reports of medical examiner.

Whenever the medical examiner concludes that a crime may have been committed by any person in causing the injury, the medical examiner shall report the conclusion to the district attorney. [1963 c.621 §§5,6; 1965 c.221 §19; 1967 c.545 §§4,5; 1971 c.401 §8; 1971 c.451 §11; 1973 c.408 §27]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.750 - Injuries to be reported to law enforcement agency.

(1) Except as required in subsection (3) of this section, a physician, including an intern and resident, a physician assistant licensed under ORS 677.505 to 677.525, a naturopathic physician licensed under ORS chapter 685 or a registered nurse licensed under ORS chapter 678, who has reasonable cause to suspect that a person brought to the physician, physician assistant, naturopathic physician or registered nurse or coming before the physician, physician assistant, naturopathic physician or registered nurse for examination, care or treatment has had injury inflicted upon the person other than by accidental means, shall report or cause reports to be made in accordance with the provisions of subsection (2) of this section.
(2) An oral report must be made immediately by telephone or otherwise, and followed as soon thereafter as possible by a report in writing, to an appropriate law enforcement agency.
(3) When an injury, or abuse as defined in ORS 419B.005, occurs to an unmarried person who is under 18 years of age, the provisions of ORS 419B.005 to 419B.050 apply. [1965 c.472 §§3,4; 1967 c.545 §6; 1971 c.401 §9; 1971 c.451 §12; 1973 c.408 §28; 1975 c.644 §1; 1993 c.546 §99; 2011 c.347 §1; 2014 c.45 §26; 2017 c.356 §18]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.760 - Immunity of participant in making of report.

Anyone participating in good faith in the making of a report pursuant to ORS 146.750 and who has reasonable grounds for the making thereof shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of such report. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report. [1965 c.472 §5; 1971 c.451 §13; 1989 c.171 §20]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.780 - Confidentiality of records and reports.

Notwithstanding the provisions of ORS 192.311 to 192.478 relating to confidentiality and accessibility for public inspection of public records, records and reports made under the provisions of ORS 146.750 are confidential and are not accessible for public inspection. [1965 c.472 §7; 1967 c.545 §7; 1971 c.401 §10; 1971 c.451 §15; 1973 c.408 §29; 1973 c.794 §15a]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.990

[Subsection (1) enacted as 1959 c.629 §45; subsection (3) of 1963 Replacement Part enacted as 1963 c.621 §7; 1965 c.221 §20; 1965 c.472 §8; 1971 c.451 §16; repealed by 1973 c.408 §35]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.992 - Penalties.

(1) A person who violates ORS 146.103 (1) commits a Class A misdemeanor.
(2) A person who violates ORS 146.103 (2) or (4), 146.107 (5), or 146.121 (1) commits a Class B misdemeanor.
(3) A person who violates ORS 146.100 (4) commits a Class C misdemeanor. [1973 c.408 §25]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.015 - Eligibility for compensation generally; rules.

(1) A person is eligible for an award of compensation under ORS 147.005 to 147.367 if:
(a) The person is a victim, or is a survivor or dependent of a deceased victim, of a compensable crime that has resulted in or may result in a compensable loss;
(b) The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death or injury to the victim, unless the Department of Justice finds that, notwithstanding the failure of notification, the applicant acted reasonably under the circumstances;
(c) The application for compensation is not the result of collusion between the applicant and the assailant of the victim;
(d) The department determines that the victim acted reasonably with respect to the incident causing the death or injury to the victim, taking into account the specific situation of the victim and what a reasonable action would be for a person in the victim’s circumstances; and
(e) The application for an award of compensation under ORS 147.005 to 147.367 is filed with the department:
(A) Within one year of the date of the injury to the victim; or
(B) Within such further extension of time as the department, for good cause shown, allows.
(2) The requirement under subsection (1)(b) of this section to notify the appropriate law enforcement officials of the perpetration of the crime is satisfied if:
(a) As a result of the compensable crime for which the victim or applicant is applying for compensation, the victim or applicant obtained:
(A) A temporary or permanent stalking protective order under ORS 30.866 or 163.730 to 163.750;
(B) A sexual abuse restraining order under ORS 163.760 to 163.777;
(C) An abuse prevention order under ORS 107.700 to 107.735 or 124.005 to 124.040;
(D) Any other abuse prevention order or no contact order issued by a state, local, tribal or federal court; or
(E) A medical assessment, as defined in ORS 147.395, for sexual assault, or any other forensic exam or medical assessment;
(b) A health provider, tribal health provider, student health provider or community mental health provider certifies that the victim reported the crime to the provider; or
(c) The victim provides to the department documentation that qualifies as law enforcement notification under the rules of the department.
(3) The department shall adopt rules establishing:
(a) A limited counseling award for victims who apply for an award of compensation but who do not otherwise qualify under the eligibility requirements of this section.
(b) The types of documentation that qualify as notification to the appropriate law enforcement officials of the perpetration of the crime as described in subsection (2)(c) of this section. [1977 c.376 §3; 1987 c.770 §2; 1989 c.542 §2; 1991 c.862 §2; 1997 c.288 §1; 2011 c.125 §3; 2013 c.720 §9; 2017 c.108 §1; 2023 c.318 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.025 - Eligibility of person not victim or survivor or dependent of deceased victim.

(1) Notwithstanding that a person is not a victim or a dependent of a deceased victim under ORS 147.015 (1)(a), the person is eligible for compensation for reasonable medical expenses for the victim and for reasonable funeral expenses of the deceased victim if the person:
(a) Paid or incurred such expenses; and
(b) Files a claim in the manner provided in ORS 147.105 and the conditions in ORS 147.015 (1)(b) to (e) are met.
(2) Notwithstanding that a person is not a survivor or dependent of a deceased victim under ORS 147.015 (1)(a), the person is eligible for compensation for reasonable counseling expenses up to a maximum amount of $5,000 if the person:
(a) Paid or incurred such expenses;
(b)(A) Was the first person to discover the corpse of the victim; or
(B) Was a witness to the crime resulting in the death of a victim; and
(c) Files a claim in the manner provided in ORS 147.105 and the conditions in ORS 147.015 (1)(b) to (e) are met.
(3) Notwithstanding that a person is not a victim or a survivor or dependent of a deceased victim under ORS 147.015 (1)(a), the person is eligible for the compensation described in ORS 147.035 (7) if:
(a) The person is the personal representative, as defined by the Department of Justice by rule, of a victim or of a survivor or dependent of a deceased victim;
(b) The person is involved in the proceeding in lieu of the victim, survivor or dependent; and
(c) The person files a claim in the manner provided in ORS 147.105 and the conditions in ORS 147.015 (1)(b) to (e) are met.
(4) The Department of Justice may pay directly to the provider of the services compensation for medical, funeral or counseling expenses incurred by the person. [1977 c.376 §4; 1987 c.770 §3; 2003 c.353 §1; 2011 c.125 §4; 2013 c.720 §15; 2017 c.108 §7; 2023 c.318 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.055 - Emergency awards; amount; effect on final award.

(1) The Department of Justice may make an emergency award to the applicant pending a final decision in the claim, if it appears to the department, prior to taking action upon the claim that:
(a) The claim is one with respect to which an award probably will be made; and
(b) Undue hardship will result to the applicant if immediate payment is not made.
(2)(a) The amount of such emergency award shall not exceed $1,000.
(b) The amount of such emergency award shall be deducted from any final award made as a result of the claim.
(c) The excess of the amount of such emergency award over the amount of the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the recipient to the department. [1977 c.376 §7; 2023 c.318 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.065 - Limitation on time for commencing action for compensable crime.

Notwithstanding ORS 12.110 the victim of any compensable crime as defined in ORS 147.005 or the victim’s representative may bring an action at any time within the five-year period after the commission of the compensable crime. [1985 c.552 §5]
Note:
147.065 was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.105 - Application for compensation; contents; additional information or materials; amended applications; effect of incarceration of applicant.

(1) An applicant for compensation under ORS 147.005 to 147.367 must file an application under oath on a form furnished by the Department of Justice. The application shall include:
(a) The name and address of the victim;
(b) If the victim is deceased, the name and address of the applicant and relationship to the victim, the names and addresses of the victim’s dependents and the extent to which each is so dependent;
(c) The date and nature of the crime or attempted crime on which the application for compensation is based;
(d) The date and place where, and the law enforcement officials or other persons described in ORS 147.015 (2)(b) to whom, notification of the crime was given;
(e) The nature and extent of the injuries sustained by the victim, the names and addresses of those giving medical and hospital treatment to the victim and whether death resulted;
(f) The loss to the applicant and to such other persons as are specified under paragraph (b) of this subsection, resulting from the injury or death;
(g) The amount of benefits, payments or awards, if any, payable from any source, which the applicant or other person, listed under paragraph (b) of this subsection, has received or for which the applicant or other person is eligible as a result of the injury or death;
(h) Releases authorizing the surrender to the department of reports, documents and other information relating to the matters specified under this subsection; and
(i) Such other information as the department determines is necessary.
(2) The department may require that the applicants submit with the application materials substantiating the facts stated in the application.
(3) If the department finds that an application does not contain the required information or that the facts stated therein have not been substantiated, it shall notify the applicant in writing of the specific additional items of information or materials required.
(4) An applicant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the department has completed its consideration of the original application.
(5) The filing of additional information or the amendment of the application pursuant to subsection (3) or (4) of this section shall be considered for the purposes of ORS 147.005 to 147.367 to have been filed at the same time as the original application.
(6) If at the time of application, the applicant is incarcerated as a result of a conviction of a crime, the department shall process the application in the normal course. The claim shall remain open but the applicant is not eligible for compensation until the applicant is released from custody. [1977 c.376 §8; 1991 c.603 §1; 1991 c.862 §5; 1993 c.18 §24; 2012 c.81 §9; 2023 c.318 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.115 - Confidentiality of application information; board proceedings; use of record; witnesses before board.

(1) All information submitted to the Department of Justice by an applicant and all hearings of the Workers’ Compensation Board under ORS 147.005 to 147.367 shall be open to the public unless the department or board determines that the information shall be kept confidential or that a closed hearing shall be held because:
(a) The alleged assailant has not been brought to trial and disclosure of the information or a public hearing would adversely affect either the apprehension or the trial of the alleged assailant;
(b) The offense allegedly perpetrated against the victim is rape, sodomy, sexual abuse, trafficking in persons or a crime involving domestic violence as defined in ORS 135.230, and the interests of the victim or of the victim’s dependents require that the information be kept confidential or that the public be excluded from the hearing;
(c) The victim or alleged assailant is a minor; or
(d) The interests of justice would be frustrated rather than furthered, if the information were disclosed or if the hearing were open to the public.
(2)(a) A record shall be kept of the proceedings held before the board and shall include the board’s findings of fact and conclusions concerning the amount of compensation, if any, to which the applicant and the dependents of a deceased victim are entitled.
(b) No part of the record of any proceedings before the board may be used for any purpose in a criminal proceeding except in the prosecution of a person alleged to have committed perjury in testimony before the board.
(c) Where the interests of justice require, the board may refuse to disclose to the public the names of victims or other material in the record by which the identity of the victim could be discovered.
(3) Notwithstanding subsection (2)(b) and (c) of this section, the record of the proceedings held before the board is a public record. However, any record or report obtained by the board, the confidentiality of which is protected by any other law, shall remain confidential subject to such law.
(4) Witnesses required to appear at any proceeding before the board shall receive such fees and mileage allowance as are provided for witnesses in ORS 44.415 (2). [1977 c.376 §9; 1989 c.980 §7a; 2012 c.81 §10; 2023 c.318 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.125 - Determining amount of compensation; deduction of other benefits.

(1) In determining the amount of compensation for which an applicant is eligible, the Department of Justice shall consider the facts stated on the application filed pursuant to ORS 147.105, and:
(a) Need not consider whether or not the alleged assailant has been apprehended or brought to trial or the result of any criminal proceedings against that person;
(b) Shall determine the amount of the loss to the applicant and, in the case of a deceased victim, of the victim’s survivors or dependents as determined under ORS 147.035;
(c) Except as provided in paragraph (d) of this subsection, shall deduct the amount of benefits, payments or awards that are payable under the Workers’ Compensation Law, from local governmental, state or federal funds or from any source, and that the victim or survivors or dependents of the victim have received or to which the victim or survivors or dependents of the victim are entitled as a result of the death or injury of the victim;
(d) Shall not deduct the amount of proceeds from life insurance or contributions from the community that the survivors or dependents of the victim have received or to which the survivors or dependents of the victim are entitled as a result of the death of the victim;
(e) Shall consider the amount of money available for victim compensation awards as provided in the current biennial department budget approved by the Legislative Assembly or the Emergency Board, and the anticipated claims against that money; and
(f) Shall award the resultant amount to the applicant as provided in ORS 147.165.
(2) In determining the amount of an award to be made to an applicant, the department may consider the number and type of claims filed and anticipated to be filed with the department during the current biennial budget period. If the department determines that insufficient funds will be available during the current biennial budget period to pay all filed and anticipated awards, it may prioritize claims or prorate awards based upon the anticipated available funds. The department’s decision to prioritize or prorate claims or awards is not subject to administrative or judicial review, including review under ORS 147.155. [1977 c.376 §10; 1987 c.770 §5; 1989 c.542 §4; 1991 c.862 §6; 1999 c.128 §1; 2001 c.372 §1; 2023 c.318 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.135 - Processing compensation application; order; contents.

After processing the application filed under ORS 147.105 the Department of Justice shall enter an order stating:
(1) Its findings of fact; and
(2) Its decision as to whether or not compensation is due under ORS 147.005 to 147.367. [1977 c.376 §14; 1999 c.129 §1; 2012 c.81 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.145 - Review of order; reconsideration; notice to applicant.

(1) If the applicant disagrees with the order entered under ORS 147.135, the applicant may request review by the Department of Justice.
(2)(a) The department shall reconsider any order for which a request for review is received. The department shall notify the applicant of its decision on review within 30 days of the department’s receipt of the request for review.
(b) If the department determines that the request for review does not contain sufficient information to make a decision within 30 days of the department’s receipt of the request for review, the 30-day time period may be extended by the department only with the oral or written permission of the applicant. [1977 c.376 §15; 2017 c.108 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.155 - Appeal to Workers’ Compensation Board; hearing; record; evidence considered; board determination not subject to further review.

(1) Any applicant who requests review by the Department of Justice under ORS 147.145 and who disagrees with the decision of the department on review may appeal to the Workers’ Compensation Board.
(2) The request for hearing shall be in writing. The request shall include the applicant’s address, shall be signed by the applicant and shall be mailed to the board.
(3) The board shall conduct a hearing upon at least 10 days’ notice by mail to all interested persons.
(4) A record of all proceedings at the hearing shall be kept but need not be transcribed.
(5) The board is not bound by rules of evidence or by technical or formal rules of procedure, and may conduct the hearing in any manner that will achieve substantial justice. However, no evidence is admissible at a hearing that has not previously been considered by the department. The decision by the board shall be final and shall not be subject to further administrative or judicial review. [1977 c.376 §15a]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.165 - Payment of awards; awards to minors and incompetents.

(1) The award made under ORS 147.005 to 147.367 shall be paid in a manner determined by the Department of Justice. Payment for medical, hospital and funeral expenses may be made directly to the service providers.
(2) Where a person eligible to receive an award under ORS 147.005 to 147.367 is a person under the age of 18 years or an incompetent, the award may be paid to a relative, guardian or attorney of such person on behalf of and for the benefit of such person. In such case the payee shall:
(a) File an annual accounting of the award with the department; and
(b) Take such other action as the department shall determine is necessary and appropriate for the benefit of the beneficiary of the award.
(3) A person who is incarcerated is not eligible for payments for loss of earnings for the period of incarceration.
(4) Payment of claims is subject to availability of funds for victim compensation awards as provided in the department budget approved by the Legislative Assembly or the Emergency Board. [1977 c.376 §16; 1987 c.770 §6; 1991 c.862 §7; 2012 c.81 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.205 - Authority of Department of Justice; assistance from other agencies; examination of victims; reports to Governor and Legislative Assembly; rules.

(1) To carry out the provisions and purposes of ORS 147.005 to 147.367, the Department of Justice has the power and duty to:
(a) Appoint such employees and agents as it determines are necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(b) Request and obtain from law enforcement agencies, district attorneys, county juvenile departments, the Department of Human Services, the Oregon Youth Authority and the Department of Corrections such assistance and information, including police reports, as will enable the Department of Justice to carry out its functions and duties under ORS 147.005 to 147.367. The Department of Justice may obtain assistance and information under this paragraph, notwithstanding any other law relating to the confidentiality or disclosure of records. The Department of Justice:
(A) Shall maintain the confidentiality of any privileged or confidential information or records obtained under this paragraph;
(B) May use the information or records only for the purposes authorized by ORS 147.005 to 147.367; and
(C) May not disclose the contents of any privileged or confidential records to any other person or entity.
(c) Adopt rules pursuant to ORS chapter 183.
(d) Direct medical examination of victims.
(e) Determine all claims for awards filed with the department pursuant to ORS 147.005 to 147.367, and to reinvestigate or reopen cases as the department deems necessary.
(f) Report biennially to the Governor and to the Legislative Assembly on its activities.
(2) Notwithstanding any other law relating to the confidentiality or disclosure of records, when a crime victim applies for compensation under ORS 147.005 to 147.367, a person that provides medical services or supplies or pays the costs of medical services or supplies provided to the crime victim shall provide to the Department of Justice any individually identifiable health information the person has in the person’s possession about the crime victim if:
(a) The department requests the information; and
(b) A release authorizing the surrender has been completed under ORS 147.105 (1)(h).
(3) As used in subsection (2) of this section:
(a) "Pays" includes, but is not limited to, payments made directly or indirectly through settlements, judgments, insurance, Medicaid, other compensation or restitution.
(b) "Person" includes, but is not limited to, health care providers and their agents, insurers and their agents, employers and public bodies as defined in ORS 174.109. [1977 c.376 §12; 1987 c.770 §7; 1997 c.396 §1; 2003 c.351 §2; 2012 c.81 §13; 2017 c.108 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.215 - Attorney General as legal adviser to department; assistance by governmental agencies.

(1) The Attorney General shall serve as legal adviser to the Department of Justice for all matters arising under ORS 147.005 to 147.367.
(2) Law enforcement officials and other agencies of the state or local governmental units are authorized to give and shall provide any assistance or information requested by the department under ORS 147.205 (1)(b). [1977 c.376 §13; 2003 c.351 §3; 2012 c.81 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.225 - Criminal Injuries Compensation Account.

There is established the Criminal Injuries Compensation Account. All moneys in the account are continuously appropriated for and may be used by the Department of Justice for the purposes authorized in ORS 147.005 to 147.367, 147.390 and 147.397. [1977 c.376 §22; 2003 c.789 §§4,6; 2007 c.23 §2; 2007 c.268 §4; 2012 c.81 §15; 2020 s.s.2 c.10 §30]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.240 - Department of Justice to submit claims to account for payment of awards.

After the entry of an award under ORS 147.005 to 147.367, the Department of Justice shall submit the claim for payment from the Criminal Injuries Compensation Account pursuant to ORS 293.295 to 293.460 and 293.465 to 293.510. [1977 c.376 §23; 2012 c.81 §16]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.245 - Disposition of moneys recovered from assailant; disposition of gifts or grants.

(1) Any moneys recovered by the Department of Justice under ORS 147.281 to 147.298 and 147.345 shall be credited to the Criminal Injuries Compensation Account.
(2) Any gifts, contributions, grants or federal funds specifically given to the department for the benefit of victims of crimes shall be credited to the Criminal Injuries Compensation Account. [1977 c.376 §24; 2005 c.383 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.255 - Recovery of moneys paid on fraudulent claims; recovery of fees.

The Department of Justice may institute suit:
(1) To recover any awards made because of fraudulent claims.
(2) On behalf of the applicant or recipients, to recover all fees paid to a counsel or agent in violation of ORS 147.315. [1977 c.376 §25]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.281 - Definitions.

As used in ORS 147.281 to 147.298:
(1) "Action" means an action, suit or proceeding.
(2) "Assistance" means compensation paid by the Department of Justice under ORS 147.005 to 147.367 to or on behalf of an applicant or recipient.
(3) "Claim" means a claim of an applicant or recipient for damages for injuries against an assailant or any other person or entity alleged to be liable for the injury constituting the basis for the claim.
(4) "Compromise" means a compromise between an applicant or recipient and an assailant or any other person or entity against whom the applicant or recipient has a claim.
(5) "Judgment" means a judgment in an action brought by an applicant or recipient to enforce the claim of the applicant or recipient.
(6) "Recipient" means a person who has received assistance.
(7) "Settlement" means a settlement between an applicant or recipient and an assailant or any other person or entity against whom the applicant or recipient has a claim. [2005 c.383 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.283 - Notice to Department of Justice of claim or action to enforce claim for injuries.

An applicant or recipient shall promptly provide written notice to the Department of Justice when making a claim or bringing an action to enforce a claim for injuries that formed the basis for assistance. The notice must include the name and address of the assailant and of any other person or entity against whom the claim is made or action is brought. If the claim is made or the action is brought against a corporation, the notice must contain the address of the corporation’s principal place of business. If the applicant or recipient is a minor, the parents, legal guardian or foster parent of the applicant or recipient shall give the notice required by this section. [2005 c.383 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.285 - Creation of lien.

The Department of Justice has a lien upon the amount of any judgment in favor of the applicant or recipient and upon any amount payable to the applicant or recipient under a settlement or compromise for all assistance from the date of the injury that forms the basis of the assistance to the date of the satisfaction of the judgment or final payment under the settlement or compromise. [2005 c.383 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.287 - Perfection of lien.

(1) In order to perfect a lien under ORS 147.285, the Department of Justice shall do all of the following:
(a) Upon receiving notice under ORS 147.283, record a notice of lien in the County Clerk Lien Record of the county in which the person against whom the claim is made or action is brought resides. If the claim or action is against a corporation, the department shall record the notice of lien in the County Clerk Lien Record of the county in which the corporation has its principal place of business. If the claim or action is against a public body, as defined in ORS 174.109, the department shall record the notice of lien in the County Clerk Lien Record of the county in which the public body has its main office.
(b) Prior to the date of the satisfaction of the judgment or final payment under a settlement or compromise, deliver a copy of the notice of lien by certified mail or personal service to all parties bound by the judgment, settlement or compromise or to an attorney or insurer that represents a party bound by the judgment, settlement or compromise. The department may send the notice by first class mail to any party, attorney or insurer that does not accept the certified mail containing the notice.
(2) Upon the recording of a notice of lien under subsection (1)(a) of this section, the recording officer shall enter the name of the injured person, the approximate date of the injury and the name of the department as a lienor in the lien docket under ORS 87.575 and shall make an index to the lien docket in the names of the injured person and the department. [2005 c.383 §5; 2014 c.45 §27]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.289 - Notice of lien; form.

The form of the notice of lien required by ORS 147.287 shall be substantially as follows:
______________________________________________________________________________
Notice is given by this form that the Department of Justice has provided assistance to ____________, a person who was injured on or about the ___ day of ______ in the city of ______ and State of ______, and the Department of Justice asserts a lien to the extent provided in ORS 147.285 for the amount of the assistance upon any amount due and owing ________ (name of injured person) under a judgment, settlement or compromise from ______ alleged to have caused such injuries and from any other person or entity liable for the injury or obligated to compensate the injured person on account of such injuries.
Department of Justice
by ____________,
Attorney General or designee.
State of Oregon, )
) ss.
County of ______ )
I, ____________, being first duly sworn on oath say: That I am the Attorney General or designee; that I have read the foregoing notice of lien and know the contents of the notice of lien and believe the contents to be true.
____________
Subscribed and sworn to before me this ___ day of ______, ______.
____________, Notary Public.
______________________________________________________________________________ [2005 c.383 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.292 - Notice of amount of judgment, settlement or compromise.

Immediately after a judgment has been rendered in favor of an applicant or recipient or a settlement or compromise has been agreed upon, all parties bound by the judgment, settlement or compromise shall provide written notice to the Department of Justice of the amount of the judgment, settlement or compromise. After receiving the notice, the department shall send by certified mail a statement of the amount of its lien to all parties bound by the judgment, settlement or compromise or to an attorney or insurer that represents a party bound by the judgment, settlement or compromise. The department may send the statement by first class mail to any party, attorney or insurer that does not accept the certified mail containing the statement. [2005 c.383 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.294 - Liability of person making payment after notice of lien is recorded.

After a notice of lien is recorded under ORS 147.287, a person or entity that makes a payment to the applicant or recipient or to the heirs, personal representatives, assigns or attorneys of the applicant or recipient under a judgment, settlement or compromise without first having paid to the Department of Justice the amount of the department’s lien is liable to the department for the amount of the payment to the extent that the lien attached to the payment under ORS 147.285. [2005 c.383 §8]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.296 - Action for failure to provide notice.

The Department of Justice has a cause of action against an applicant or recipient who fails to give the notice required by ORS 147.283 for amounts received by the applicant or recipient pursuant to a judgment, settlement or compromise to the extent that the department would have had a lien under ORS 147.285 upon the amounts had the notice been given. [2005 c.383 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.298 - Where action may be initiated.

The Department of Justice may initiate an action under ORS 147.294 and 147.296 in the circuit court for Marion County, the county where the compensable crime occurred or the county in which any party bound by the judgment, settlement or compromise resides. [2005 c.383 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.305 - Effect of criminal conviction on compensation proceedings.

If any person is convicted of a crime based on a compensable crime for which application for compensation is made, proof of the conviction shall be conclusive evidence that the crime was committed. [1977 c.376 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.315 - Charging fees to applicants prohibited.

No fee may be charged to the applicant in any proceeding under ORS 147.005 to 147.367. [1977 c.376 §17; 2012 c.81 §17]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.325 - Compensation not subject to assignment or legal process prior to receipt by beneficiary.

No compensation payable under ORS 147.005 to 147.367 shall, prior to actual receipt thereof by the person or beneficiary eligible therefor, or their legal representatives, be assignable or subject to execution, garnishment, attachment or any other process, including process to satisfy an order or judgment for support or alimony. [1977 c.376 §18; 1991 c.862 §8; 2012 c.81 §18]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.335 - Compensation rights not to survive beneficiary; death of beneficiary after filing of application.

The rights to compensation created by ORS 147.005 to 147.367 are personal and shall not survive the death of the person or beneficiary eligible therefor. However, if such death occurs after an application for compensation has been filed with the Department of Justice, the proceeding shall not abate, but may be continued by the legal representative of the decedent’s estate. [1977 c.376 §19; 1991 c.862 §9; 2012 c.81 §19]