reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.345 - State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement.

(1) The acceptance of an award made pursuant to ORS 147.005 to 147.367 shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant or recipient against the assailant or any other person or entity liable for the injury constituting the basis for the award.
(2)(a) On behalf of the state, the Department of Justice may bring suit against an assailant to recover the amount of compensation paid to an applicant or recipient of an award made pursuant to ORS 147.005 to 147.367 as a result of the assailant’s commission of a compensable crime. Before initiating a suit under this subsection, the Department of Justice must notify the applicant or recipient that the Department of Justice is going to initiate a suit. A suit under this subsection does not affect any right or right of action accruing to the applicant or recipient against the assailant for the injury constituting the basis for the award, except that the assailant may be able to offset payments made to the Department of Justice against any award to the applicant or recipient for the same damages. The assailant also may offset any payments the assailant has made to the applicant or recipient for the same damages against any recovery by the Department of Justice under this subsection.
(b) In a suit under this subsection, the Department of Justice may recover attorney fees and costs of suit.
(c) Each separate payment of compensation under ORS 147.005 to 147.367 creates a cause of action under this subsection.
(3) Any settlement of a right or right of action against the assailant or any other person or entity by the victim or the dependent of the victim based on the compensable crime must be approved by the Department of Justice if the department has made an award to the victim or the dependent of the victim. If the settlement is not approved by the department, the department may void the settlement. [1977 c.376 §20; 1987 c.770 §8; 2001 c.371 §1; 2012 c.81 §20]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.365 - Law enforcement agencies to inform crime victims of compensation procedure; agencies not civilly liable for failure to comply.

(1) All law enforcement agencies in this state shall deliver cards to victims of crime stating the procedure to be followed in applying for compensation under ORS 147.005 to 147.367.
(2) No law enforcement agency shall be civilly liable for a failure to comply with subsection (1) of this section. [1977 c.376 §27; 2012 c.81 §21]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.367 - Services to victims of acts of mass destruction; Department of Justice.

(1) The Department of Justice may initiate and participate in planning, training and organizational efforts intended to prepare to deliver services to individuals traumatized by an act of war, terrorism or sabotage or a criminal act that results in the death of, or physical injury to, numerous individuals or that results in the massive destruction of property.
(2) The department may assist in delivering services to individuals traumatized by an act of war, terrorism or sabotage or a criminal act that results in the death of, or physical injury to, numerous individuals or that results in the massive destruction of property. [2003 c.770 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.385 - Training program for victim assistance program employees.

No later than January 1, 2025, the Department of Justice shall develop and begin delivering a training program for employees of district attorney victim assistance programs to assist the employees with providing services to victims of bias crimes as defined in ORS 147.380. [2023 c.549 §17]
Note:
147.385 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 147.390 - Payment of expenses by department.

(1) In cases of suspected child sexual abuse as described in ORS 419B.005 (1)(a)(C), (D) or (E), or child physical abuse by an adult or caretaker as otherwise described in ORS 419B.005 (1)(a)(A), the Department of Justice may pay for services provided by a children’s advocacy center, including child abuse assessments, medical assessments and forensic interviews. Payments under this section may be made regardless of whether a finding of abuse is made. The department shall make payments under this section directly to the children’s advocacy center.
(2) A children’s advocacy center may not charge the department more for medical services than the maximum amounts established in the medical fee schedules adopted under ORS 147.035.
(3) As used in this section, "child abuse assessment," "children’s advocacy center," "forensic interview" and "medical assessment" have the meanings given those terms in ORS 418.782. [1997 c.872 §25; 2009 c.296 §3; 2013 c.720 §16; 2017 c.108 §6; 2019 c.141 §7; 2020 s.s.2 c.10 §31]
Note:
147.390 and 147.391 were enacted into law by the Legislative Assembly but were 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 147.391 - Limitation on obligation of Criminal Injuries Compensation Account under ORS 147.390.

Notwithstanding ORS 147.390, when the moneys provided from the Criminal Injuries Compensation Account for the purposes of ORS 147.390 are expended for any cumulative time period within any biennium, the Criminal Injuries Compensation Account shall have no further obligations under ORS 147.390 for that time period. However, if the Criminal Injuries Compensation Account has unexpended moneys provided for at the end of any biennium, the balance shall be transferred to the account created by ORS 418.796. [1997 c.872 §26; 2001 c.829 §5]
Note:
See note under 147.390.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.395 - Definitions.

As used in ORS 147.397:
(1) "Complete medical assessment" means an assessment that consists of:
(a) A medical examination;
(b) The collection of forensic evidence using an evidence collection kit approved by the Department of State Police; and
(c) The offering and, if requested, provision of emergency contraception, sexually transmitted infection prevention and, for a victim who is 17 years of age or younger, prescriptions for emergency contraception.
(2) "Medical assessment" means a complete or partial medical assessment.
(3) "Partial medical assessment" means an assessment that consists of:
(a) A medical examination; and
(b) The offering and, if requested, provision of emergency contraception, sexually transmitted infection prevention and, for a victim who is 17 years of age or younger, prescriptions for emergency contraception.
(4) "Sexual assault forensic evidence kit" has the meaning given that term in ORS 181A.323. [2003 c.789 §1; 2007 c.268 §1; 2018 c.120 §3; 2019 c.280 §3]
Note:
147.395 to 147.399 were enacted into law by the Legislative Assembly but were 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 147.399 - Sexual Assault Victims’ Emergency Medical Response Fund.

(1) The Sexual Assault Victims’ Emergency Medical Response Fund is established, separate and distinct from the General Fund. All moneys in the Sexual Assault Victims’ Emergency Medical Response Fund are continuously appropriated to the Department of Justice to be used for the purpose of carrying out the provisions of ORS 147.397.
(2) The Department of Justice may accept moneys from any source for the purpose of carrying out the provisions of ORS 147.397. The department shall deposit moneys accepted under this subsection in the Sexual Assault Victims’ Emergency Medical Response Fund. [2003 c.789 §3]
Note:
See note under 147.395.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.401 - Sexual assault response teams.

(1) The district attorney in each county shall organize a sexual assault response team to consist of:
(a) A representative of the district attorney’s office;
(b) A representative of a prosecution-based victim assistance program or unit;
(c) A sexual assault forensic examiner;
(d) At the discretion of the district attorney, a representative of the county sheriff’s office or a representative of local law enforcement agencies or both;
(e) A representative of a nonprofit agency or program that receives moneys administered by the Department of Human Services or the Department of Justice and that offers safety planning, counseling, support or advocacy to victims of sexual assault;
(f) A sexual assault nurse examiner or a representative of a hospital; and
(g) Other persons the district attorney considers necessary for the operation of the sexual assault response team or as recommended by the team.
(2) Each sexual assault response team must meet:
(a) At least quarterly at a time appointed by the district attorney of the county; and
(b) Independently of the county child abuse multidisciplinary team for the county.
(3)(a) Each sexual assault response team shall develop and adopt protocols addressing the response to adult and adolescent sexual assault victims in the county.
(b) Protocols adopted pursuant to paragraph (a) of this subsection may incorporate by reference, in part or in whole, protocols relating to child sexual abuse developed pursuant to ORS 418.747. [2011 c.511 §1; 2019 c.105 §1; 2019 c.141 §8]
Note:
147.401 and 147.403 were enacted into law by the Legislative Assembly but were 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 147.403 - Policies, guidelines and training requirements for providers of medical care to sexual assault patients.

(1) Each hospital, emergency medical service provider, intermediate care facility, skilled nursing facility, long term care facility and residential care facility in this state shall adopt policies for the treatment or referral of acute sexual assault patients, if such policies are not otherwise provided for by statute or administrative rule.
(2)(a) Each hospital, emergency medical service provider, intermediate care facility, skilled nursing facility, long term care facility and residential care facility in this state that performs forensic medical examinations of sexual assault patients shall:
(A) Adopt, in addition to the facility’s own guidelines, if any, the State of Oregon Medical Guideline for Sexual Assault Evaluation of Adolescent and Adult Patients developed and published by the Attorney General’s Sexual Assault Task Force.
(B) Except as provided in paragraph (b) of this subsection, employ or contract with at least one sexual assault forensic examiner who has completed didactic training sufficient to satisfy the training requirement for certification by the Oregon SAE/SANE Certification Commission established by the Attorney General.
(b) Paragraph (a)(B) of this subsection does not apply to a hospital that performs forensic medical examinations only of sexual assault patients who are minors. A hospital described in this paragraph may use physicians, physician assistants licensed under ORS 677.505 to 677.525, naturopathic physicians licensed under ORS chapter 685 and nurses to conduct the examinations in consultation with a social worker trained in assisting sexual assault victims who are minors. [2011 c.511 §2; 2014 c.45 §28; 2017 c.356 §19]
Note:
See note under 147.401.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.404 - Notification of victim advocate concerning medical assessment.

(1) Upon a sexual assault victim’s decision to participate in a medical assessment, as soon as practicable and in a manner consistent with the county’s sexual assault response team protocols adopted under ORS 147.401 and the protocols and procedures of the county child abuse multidisciplinary teams described in ORS 418.747, the provider of the medical assessment or, if applicable, a law enforcement officer shall contact a victim advocate and make reasonable efforts to ensure that the victim advocate is present and available at the medical facility in which the medical assessment occurs.
(2) A victim advocate contacted under subsection (1) of this section:
(a) Shall clearly inform the victim that the victim may decline the services of the victim advocate at any time; and
(b) May not impede the medical assessment, the provision of medical services to the victim or the collection of evidence.
(3) As used in this section, "medical assessment" has the meaning given that term in ORS 147.395. [2017 c.349 §1; 2019 c.141 §9]
Note:
147.404 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 147.405 - Short title.

Chapter 2, Oregon Laws 1987, shall be known as the "CRIME VICTIMS’ BILL OF RIGHTS." [1987 c.2 §1]
Note:
Legislative Counsel has substituted "chapter 2, Oregon Laws 1987," for the words "this Act" in sections 1, 2 and 18, chapter 2, Oregon Laws 1987, compiled as 147.405, 147.410 and 147.415. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1987 Comparative Section Table located in Volume 22 of ORS.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.410 - Purpose.

We, the people of the State of Oregon, declare that victims of crime are entitled to fair and impartial treatment in our criminal justice system. The purpose of chapter 2, Oregon Laws 1987, is to declare to our legislature and our courts that victims’ rights shall be protected at each stage of the criminal justice system. We reject the notion that a criminal defendant’s rights must be superior to all others. By chapter 2, Oregon Laws 1987, we seek to secure balanced justice by eliminating unbalanced rules. [1987 c.2 §2]
Note:
See note under 147.405.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.415 - Severability.

If any section, portion, clause or phrase of chapter 2, Oregon Laws 1987, is for any reason held to be invalid or unconstitutional, the remaining sections, portions, clauses and phrases shall not be affected but shall remain in full force in effect. [1987 c.2 §18]
Note:
See note under 147.405.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.417 - Victim to be notified of constitutional rights.

(1) As soon as is reasonably practicable in a criminal action in which there is a victim, a law enforcement agency shall notify a person who reasonably appears to be a victim of the offense of the person’s rights under section 42, Article I of the Oregon Constitution. The notice may be oral or written and written notice may be provided electronically. If exercise of any of the rights depends upon the victim making a request, the law enforcement agency shall include in the notice the time period in which the victim is required to make the request. A law enforcement agency satisfies the requirements of this section if the law enforcement agency:
(a) Provides notice to the victim named in the accusatory instrument, the victim’s guardian or, in a homicide case, the victim’s next of kin; and
(b) Presents, if written notice is given, the notice directly to the victim, sends the notice to the last address given to the law enforcement agency by the victim or sends the notice electronically to the cellular phone number or electronic mail address given to the law enforcement agency by the victim.
(2) Failure by a law enforcement agency to properly notify the victim as required by this section:
(a) Is not grounds for setting aside a conviction.
(b) Does not affect the validity of a plea, except as provided by section 42 or 43, Article I of the Oregon Constitution.
(3) Nothing in subsection (2) of this section justifies a failure to properly notify the victim.
(4)(a) As used in this section, "law enforcement agency" means the police agency that initially responds in the case, the police agency that investigates the case or the district attorney who prosecutes the case.
(b) The district attorney shall determine if the notice required by this section has been given and, if not, shall provide the notice. [1997 c.313 §5; 2009 c.178 §25; 2017 c.171 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.419 - Authority of victim to obtain copy of transcript or tape of criminal proceeding.

In any criminal proceeding in which a transcript, audiotape or videotape of the proceedings held in open court is prepared, the victim may obtain a copy of the transcript or tape by paying the court or the person who prepared the transcript or tape the actual cost of copying it. [1997 c.313 §2]
Note:
See note under 147.417.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.421 - Information about defendant that public body is required to provide to victim.

(1) If a public body is the custodian of any of the following information, upon the request of the victim, the public body shall provide to the victim any of the following information of which it is the custodian and that is about the defendant or convicted criminal:
(a) The conviction and sentence;
(b) Criminal history;
(c) Imprisonment; and
(d) Future release from physical custody.
(2) A public body, in its discretion, may provide the requested information by furnishing the victim with copies of public records. The public body may charge the victim its actual cost for making public records available as provided in ORS 192.324 (4).
(3) As used in this section:
(a) "Criminal history" means a description of the prior arrests, convictions and sentences of the person.
(b) "Future release" means the projected or scheduled date of release of the person from confinement, the name and location of the correctional facility from which the person is to be released and the community where the person is scheduled to reside upon release.
(c) "Imprisonment" means the name and location of the correctional facility in which the person is confined.
(d) "Public body" has the meaning given that term in ORS 192.311. [1997 c.313 §6; 2007 c.467 §2]
Note:
See note under 147.417.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.430 - Speedy trial.

(1) A victim in a criminal or juvenile delinquency proceeding has the following rights:
(a) The right to have the trial or adjudication, including the imposition and execution of the sentence or disposition, conducted with all practicable speed.
(b) The right to the prompt and final conclusion of the criminal or juvenile delinquency proceeding in any related appellate or post-judgment proceeding.
(2) The sole remedy for a violation of the rights described in subsection (1) of this section is for the trial or proceeding to promptly occur or for the sentence to be promptly imposed or executed. This remedy may not be imposed if the remedy would:
(a) Affect the defendant’s due process right to adequately prepare and present a defense;
(b) Impair the right of the defendant to a fair and impartial hearing in accordance with the Oregon and United States Constitutions; or
(c) Impair the ability of the state to prepare and locate witnesses.
(3) Nothing in this section authorizes:
(a) The dismissal of a criminal or juvenile delinquency proceeding;
(b) The imposition of sanctions against the state or the defendant; or
(c) A court to sever into separate trials or proceedings a single charging instrument alleging criminal acts committed against multiple victims.
(4) Upon the victim’s request, the state may assert the rights of the victim on behalf of the victim.
(5) A victim who intends to assert a right described in this section must assert the right:
(a) Orally, at any critical stage of the proceedings as described in section 42, Article I of the Oregon Constitution; or
(b) In writing, after providing a copy to the parties.
(6) When a victim asserts a right described in this section, the court may hold a hearing or resolve the issue based on the record of the case.
(7) As used in this section, "victim" means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. [2009 c.563 §1]
Note:
147.430 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 147.433 - Rights afforded upon request; notice; attendance; protection.

(1) To accord crime victims due dignity and respect, a victim in a criminal proceeding described in subsection (2) of this section has, upon request to the district attorney before a judgment of conviction is entered, the following rights:
(a) The right to be notified by the district attorney of the victims’ rights described in this section and ORS 138.627 and 144.750;
(b) The right to reasonable, accurate and timely notice from the Attorney General when an appeal is taken in the criminal proceeding;
(c) The right to reasonable, accurate and timely notice from the counsel for the state when a conviction in the criminal proceeding is the subject of a petition for post-conviction relief filed under ORS 138.510 to 138.680 or post-conviction DNA (deoxyribonucleic acid) testing under ORS 138.688 to 138.700;
(d) The right to attend any public hearing related to the criminal proceeding that is conducted by an appellate court; and
(e) The right to be reasonably protected from the offender, if the offender is present, at any related appellate or post-conviction relief proceeding.
(2) The provisions of this section apply only to criminal proceedings involving a defendant charged with or convicted of:
(a) A person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission;
(b) A person Class A misdemeanor, as that term is defined in the rules of the Oregon Criminal Justice Commission;
(c) Burglary in the first degree under ORS 164.225;
(d) A sex crime as defined in ORS 163A.005; or
(e) An attempt, conspiracy or solicitation to commit a crime described in paragraph (a) or (b) of this subsection.
(3) As used in this section, "victim" has the meaning given that term in ORS 131.007. [2010 c.89 §1; 2019 c.368 §11]
Note:
147.433 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 147.438 - Habeas corpus proceedings in federal court.

In any habeas corpus proceeding brought in federal court to which the State of Oregon is a party, the state shall comply with the rights afforded to crime victims under 18 U.S.C. 3771. Remedies for violations of 18 U.S.C. 3771 are as provided under federal law. [2010 c.89 §5]
Note:
147.438 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 147.450 - Definitions.

As used in ORS 147.450 to 147.471:
(1) "Domestic violence" has the meaning given that term in ORS 135.230 and includes teen dating violence.
(2) "Sexual assault" means any unwanted sexual contact as defined in ORS 163.305.
(3) "Teen dating violence" means:
(a) A pattern of behavior in which a person uses or threatens to use physical, mental or emotional abuse to control another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age; or
(b) Behavior by which a person uses or threatens to use sexual violence against another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age. [2001 c.870 §23; 2007 c.71 §40; 2012 c.69 §2]
Note:
147.450 to 147.471 were enacted into law by the Legislative Assembly but were 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 147.453 - Oregon Domestic and Sexual Violence Services Fund.

There is established in the State Treasury, separate and distinct from the General Fund, the Oregon Domestic and Sexual Violence Services Fund. All moneys in the fund are continuously appropriated to the Department of Justice and shall be used by the department to carry out a program of domestic and sexual violence services that:
(1) Provides safety for and assists victims of domestic violence and sexual assault, promotes effective intervention and reduces the incidence of domestic violence and sexual assault;
(2) Advocates for victims and for domestic violence and sexual assault services;
(3) Promotes and facilitates interagency and interdepartmental cooperation among state agencies, including the Department of Human Services, and among different levels of government in this state in the delivery and funding of services; and
(4) Encourages and supports services, programs and curricula to educate and inform students in grades 7 through 12 about teen dating violence and domestic violence, to provide assistance to victims of teen dating violence and domestic violence, and to prevent and reduce the incidence of teen dating violence and domestic violence. [2001 c.870 §24; 2009 c.411 §2; 2012 c.69 §3; 2015 c.400 §1]
Note:
See note under 147.450.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.456 - Plan for allocation of funds; Department of Justice.

(1) Prior to January 1, 2002, the Department of Justice shall develop a plan for the allocation of funds that are appropriated under section 32, chapter 870, Oregon Laws 2001, in collaboration with:
(a) The Department of Human Services;
(b) The Department of State Police;
(c) The Oregon Coalition Against Domestic and Sexual Violence;
(d) The Governor’s Council on Domestic Violence;
(e) The Attorney General’s Sexual Assault Task Force;
(f) Victims of domestic and sexual violence;
(g) Representatives of county governments and county human services departments;
(h) Representatives of local domestic violence councils;
(i) Representatives of domestic violence victim services providers or advocacy organizations; and
(j) Other interested organizations.
(2) The plan developed under subsection (1) of this section shall:
(a) Set the criteria, procedures and timelines for allocation of funds;
(b) Establish uniform systems for reporting requirements, collecting statistical data and reporting measurable outcomes for programs that receive funding;
(c) Set guidelines for the planning, coordination and delivery of services by programs that receive funding;
(d) Provide a process whereby the Department of Justice may review all findings from data collected from programs that receive funding. If the department conducts a review, the department shall use the information to develop future economic resources and services and to coordinate services; and
(e) Further the purposes set forth in ORS 147.453. [2001 c.870 §26]
Note:
See note under 147.450.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.459 - Considerations in developing plan.

The Department of Justice, in developing the plan under ORS 147.456, shall consider ways to:
(1) Balance funding for intervention, infrastructure and prevention services;
(2) Prioritize services;
(3) Utilize local community plans reflecting local program service needs;
(4) Establish programs and services for victims of both domestic violence and sexual assault;
(5) Establish programs that are culturally specific; and
(6) Ensure that there is a coordinated community response to domestic violence and sexual assault and, to the extent practicable, ensure that domestic violence and sexual assault services are coordinated with other community services. [2001 c.870 §29]
Note:
See note under 147.450.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.462 - Limits on expenditures from fund.

In administering the Oregon Domestic and Sexual Violence Services Fund, the Department of Justice shall:
(1) Expend no less than 15 percent of moneys distributed under the plan developed under ORS 147.456 on sexual assault services; and
(2) Expend no more than 10 percent of the moneys distributed under the plan on administrative costs. [2001 c.870 §28; 2007 c.299 §1]
Note:
See note under 147.450.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.465 - Grantmaking; rules.

(1) If sufficient funds are available in the Oregon Domestic and Sexual Violence Services Fund, the Attorney General or the Attorney General’s designee may make grants from the fund to carry out the plan developed under ORS 147.456.
(2) The Attorney General may hire staff necessary to accomplish the purposes of the plan developed under ORS 147.456.
(3) In accordance with ORS chapter 183, the Attorney General shall adopt rules necessary to carry out the provisions of ORS 147.450 to 147.471. [2001 c.870 §25; 2007 c.71 §41]
Note:
See note under 147.450.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.468 - Authority of Department of Justice.

To the extent that funds are available, the Department of Justice may:
(1) Pursue centralized training, technical assistance, policy development and implementation;
(2) Conduct statewide community outreach and public education;
(3) Develop innovative projects based on demonstrated effectiveness that address domestic and sexual violence;
(4) Provide information and policy advice based on current research and demonstrated effectiveness in Oregon and other states, including successful local strategies; and
(5) Compile, analyze and distribute materials to inform and support statewide coordinated planning. [2001 c.870 §27]
Note:
See note under 147.450.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.471 - Advisory council.

(1) There is created an advisory council that shall consist of at least 15, but not more than 20, members. The council shall advise the Department of Justice on the administration of the policies and practices of the domestic and sexual violence services program. Members shall be appointed by and serve at the pleasure of the Attorney General. Membership in the council shall:
(a) Accurately reflect the diversity of the population in Oregon as well as the diversity of individuals needing services;
(b) Be composed of both lay and professionally trained individuals with expertise in domestic violence and sexual assault services;
(c) Include representatives of other state agencies providing services;
(d) Include representatives of professional, civil or other public or private organizations;
(e) Include private citizens interested in service programs; and
(f) Include recipients of assistance or services or their representatives.
(2) Members of the advisory council may not receive compensation for their services. Members of the advisory council other than members employed in full-time public service shall be reimbursed by the Department of Justice for their actual and necessary expenses incurred in the performance of their duties. The reimbursement shall be subject to the provisions of ORS 292.210 to 292.288. Members of the advisory council who are employed in full-time public service may be reimbursed by their employing agencies for their actual and necessary expenses incurred in the performance of their duties. [2001 c.870 §30; 2007 c.71 §42]
Note:
See note under 147.450.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.502 - General provisions.

(1) A victim may assert a claim under ORS 147.500 to 147.550 personally, through an attorney or through an authorized prosecuting attorney.
(2) If the defendant or victim is represented by counsel, counsel for the defendant or victim shall be served or notified in lieu of service on or notification to a defendant or victim under ORS 147.500 to 147.550.
(3) A court may not charge a filing fee, service fee, motion fee or hearing fee for a proceeding under ORS 147.500 to 147.550.
(4) The time within which an act is to be done under ORS 147.500 to 147.550 is determined under ORS 174.120 and 174.125.
(5) ORCP 17 applies to the provision of documents to the court under ORS 147.500 to 147.550. [2009 c.178 §2]
Note:
See note under 147.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.504 - Scope.

(1) ORS 147.500 to 147.550 effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding. A remedy for a violation of section 42 or 43, Article I of the Oregon Constitution, in any other proceeding may be enforced by writ of mandamus under ORS 34.105 to 34.240.
(2) Nothing in ORS 147.500 to 147.550:
(a) Affects the authority granted by law to the prosecuting attorney to assert the public’s interest, including but not limited to:
(A) Asserting rights granted to victims by law; and
(B) Investigating and presenting to the court evidence relating to restitution.
(b) Authorizes a court to order the dismissal of a criminal proceeding or to grant a motion for judgment of acquittal, in arrest of judgment or for a new trial.
(c) Reduces a defendant’s rights under the United States Constitution or authorizes the suspension of a criminal proceeding if the suspension would violate a right of a defendant guaranteed by the Oregon Constitution or the United States Constitution. [2009 c.178 §19]
Note:
See note under 147.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.508 - Reconsideration of release decision.

(1) At the request of a victim, the prosecuting attorney may request that the court schedule a hearing to reconsider a release decision if:
(a) The victim did not have notice of, or an opportunity to be heard at, a hearing in which the court released the defendant from custody or reduced the defendant’s security amount; and
(b) The victim’s request is made no later than 30 days after the victim knew or reasonably should have known of the release decision that is to be reconsidered.
(2) As used in this section, "release decision" includes:
(a) Decisions made at arraignment; and
(b) Decisions made at hearings described in ORS 419C.273 (1)(b)(A) to (C). [2009 c.178 §4; 2011 c.659 §2; 2023 c.182 §11]
Note:
See note under 147.500.
2023 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 or bias crime in the first degree under ORS 166.165, the prosecuting attorney shall inform the court whether the victim was informed of the conference or hearing.
(2) In any case involving a defendant charged with a violent felony or bias crime in the first degree under ORS 166.165:
(a) If the victim requests, the prosecuting attorney shall make reasonable efforts to consult the victim before making a plea offer and before entering into a final plea agreement.
(b) Before the court accepts a plea of guilty or no contest:
(A) If the victim is present, the court shall ask whether the victim was consulted regarding plea negotiations, if the victim agrees or disagrees with the plea agreement as presented to the court and whether the victim wishes to be heard regarding the plea agreement.
(B) If the victim is not present, the court shall ask the prosecuting attorney whether the victim requested to be informed and consulted regarding plea negotiations. If the victim made such a request, the court shall ask the prosecuting attorney what reasonable efforts to inform and consult the victim concerning plea negotiations were made and whether the victim agrees or disagrees with the plea agreement.
(c) If the court finds that the victim requested consultation regarding plea negotiations and that the prosecuting attorney failed to make reasonable efforts to consult the victim, the court shall direct the prosecuting attorney to make reasonable efforts to consult the victim and may not accept the plea unless the court makes a finding on the record that the interests of justice require the acceptance of the plea.
(3) Before the court imposes sentence, the court shall ask whether the victim wishes to express the views described in ORS 137.013. [2009 c.178 §5; 2011 c.659 §1; 2023 c.549 §7]
Note:
See note under 147.500.
2023 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.
2023 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.
2023 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.