2021 Oregon Revised Statutes
Chapter 147 - Victims of Crime and Acts of Mass Destruction
Section 147.005 - Definitions.


(1) "Applicant" means:
(a) Any victim of a compensable crime who applies to the Department of Justice for compensation under ORS 147.005 to 147.367;
(b) Any person who was a dependent of a deceased victim at the time of the death of that victim;
(c) Any person who is a survivor of a deceased victim; or
(d) Any person eligible for compensation under ORS 147.025.
(2) "Board" means the Workers’ Compensation Board.
(3) "Child" means an unmarried person who is under 18 years of age and includes a posthumous child, stepchild or an adopted child.
(4) "Compensable crime" means abuse of corpse in any degree or an intentional, knowing, reckless or criminally negligent act that results in injury or death of another person and that, if committed by a person of full legal capacity, would be punishable as a crime in this state.
(5) "Counseling" has the meaning given that term by the department by rule.
(6) "Dependent" means such relatives of a deceased victim who wholly or partially were dependent upon the victim’s income at the time of death or would have been so dependent but for the victim’s incapacity due to the injury from which the death resulted.
(7) "Department" means the Department of Justice.
(8) "Funeral expenses" means expenses of the funeral, burial, cremation, reduction or other chosen method of interment, including plot or tomb and other necessary incidents to the disposition of the remains and also including, in the case of abuse of corpse in any degree, reinterment.
(9) "Injury" means abuse of a corpse or actual bodily harm and, with respect to a victim, includes pregnancy and mental or nervous shock.
(10) "International terrorism" means activities that:
(a) Involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or any state or that would be a criminal violation if committed within the jurisdiction of the United States or of any state;
(b) Appear to be intended to:
(A) Intimidate or coerce a civilian population;
(B) Influence the policy of a government by intimidation or coercion; or
(C) Affect the conduct of a government by assassination or kidnapping; and
(c) Occur primarily outside the territorial jurisdiction of the United States or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.
(11) "Involved in the hearing" and "involved in the oral argument" have the meaning given those terms by the department by rule.
(12) "Law enforcement official" means a sheriff, constable, marshal, municipal police officer or member of the Oregon State Police and such other persons as may be designated by law as a peace officer.
(13) "Reduction" has the meaning given that term in ORS 97.010.
(14) "Relative" means a person related to the victim within the third degree as determined by the common law, a spouse, or an individual related to the spouse within the third degree as so determined and includes an individual in an adoptive relationship.
(15) "Survivor" means any spouse, parent, grandparent, guardian, sibling, child or other immediate family member or household member of a deceased victim.
(16) "Victim" means:
(a) A person:
(A) Killed or injured in this state as a result of a compensable crime perpetrated or attempted against that person;
(B) Killed or injured in this state while attempting to assist a person against whom a compensable crime is being perpetrated or attempted, if that attempt of assistance would be expected of a reasonable person under the circumstances;
(C) Killed or injured in this state while assisting a law enforcement official to apprehend a person who has perpetrated a crime or to prevent the perpetration of any such crime, if that assistance was in response to the express request of the law enforcement official;
(D) Killed or injured in another state as a result of a criminal episode that began in this state;
(E) Who is an Oregon resident killed or injured as a result of a compensable crime perpetrated or attempted against the person in a state, within the United States, without a reciprocal crime victims’ compensation program; or
(F) Who is an Oregon resident killed or injured by an act of international terrorism committed outside the United States; or
(b) In the case of abuse of corpse in any degree, the corpse or a relative of the corpse. [1977 c.376 §1; 1985 c.552 §4; 1987 c.770 §1; 1989 c.542 §1; 1993 c.294 §7; 1997 c.289 §1; 2003 c.351 §1; 2011 c.125 §5; 2013 c.720 §8; 2021 c.296 §26]
Note: The amendments to 147.005 by section 26, chapter 296, Oregon Laws 2021, become operative July 1, 2022. See section 33, chapter 296, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience. As used in ORS 147.005 to 147.367 unless the context requires otherwise:
(1) "Applicant" means:
(a) Any victim of a compensable crime who applies to the Department of Justice for compensation under ORS 147.005 to 147.367;
(b) Any person who was a dependent of a deceased victim at the time of the death of that victim;
(c) Any person who is a survivor of a deceased victim; or
(d) Any person eligible for compensation under ORS 147.025.
(2) "Board" means the Workers’ Compensation Board.
(3) "Child" means an unmarried person who is under 18 years of age and includes a posthumous child, stepchild or an adopted child.
(4) "Compensable crime" means abuse of corpse in any degree or an intentional, knowing, reckless or criminally negligent act that results in injury or death of another person and that, if committed by a person of full legal capacity, would be punishable as a crime in this state.
(5) "Counseling" has the meaning given that term by the department by rule.
(6) "Dependent" means such relatives of a deceased victim who wholly or partially were dependent upon the victim’s income at the time of death or would have been so dependent but for the victim’s incapacity due to the injury from which the death resulted.
(7) "Department" means the Department of Justice.
(8) "Funeral expenses" means expenses of the funeral, burial, cremation or other chosen method of interment, including plot or tomb and other necessary incidents to the disposition of the remains and also including, in the case of abuse of corpse in any degree, reinterment.
(9) "Injury" means abuse of a corpse or actual bodily harm and, with respect to a victim, includes pregnancy and mental or nervous shock.
(10) "International terrorism" means activities that:
(a) Involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or any state or that would be a criminal violation if committed within the jurisdiction of the United States or of any state;
(b) Appear to be intended to:
(A) Intimidate or coerce a civilian population;
(B) Influence the policy of a government by intimidation or coercion; or
(C) Affect the conduct of a government by assassination or kidnapping; and
(c) Occur primarily outside the territorial jurisdiction of the United States or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.
(11) "Involved in the hearing" and "involved in the oral argument" have the meaning given those terms by the department by rule.
(12) "Law enforcement official" means a sheriff, constable, marshal, municipal police officer or member of the Oregon State Police and such other persons as may be designated by law as a peace officer.
(13) "Relative" means a person related to the victim within the third degree as determined by the common law, a spouse, or an individual related to the spouse within the third degree as so determined and includes an individual in an adoptive relationship.
(14) "Survivor" means any spouse, parent, grandparent, guardian, sibling, child or other immediate family member or household member of a deceased victim.
(15) "Victim" means:
(a) A person:
(A) Killed or injured in this state as a result of a compensable crime perpetrated or attempted against that person;
(B) Killed or injured in this state while attempting to assist a person against whom a compensable crime is being perpetrated or attempted, if that attempt of assistance would be expected of a reasonable person under the circumstances;
(C) Killed or injured in this state while assisting a law enforcement official to apprehend a person who has perpetrated a crime or to prevent the perpetration of any such crime, if that assistance was in response to the express request of the law enforcement official;
(D) Killed or injured in another state as a result of a criminal episode that began in this state;
(E) Who is an Oregon resident killed or injured as a result of a compensable crime perpetrated or attempted against the person in a state, within the United States, without a reciprocal crime victims’ compensation program; or
(F) Who is an Oregon resident killed or injured by an act of international terrorism committed outside the United States; or
(b) In the case of abuse of corpse in any degree, the corpse or a relative of the corpse.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 04 - Criminal Procedure, Crimes

Chapter 147 - Victims of Crime and Acts of Mass Destruction

Section 147.005 - Definitions.

Section 147.015 - Eligibility for compensation generally; rules.

Section 147.025 - Eligibility of person not victim or survivor or dependent of deceased victim.

Section 147.035 - Compensable losses; expiration of claim; rules.

Section 147.045 - Notification of district attorney upon filing of compensation claim; deferral of compensation proceedings.

Section 147.055 - Emergency awards; amount; effect on final award.

Section 147.065 - Limitation on time for commencing action for compensable crime.

Section 147.105 - Application for compensation; contents; additional information or materials; amended applications; effect of criminal conviction of applicant.

Section 147.115 - Confidentiality of application information; board proceedings; use of record; witnesses before board.

Section 147.125 - Determining amount of compensation; deduction of other benefits.

Section 147.135 - Processing compensation application; order; contents.

Section 147.145 - Review of order; reconsideration; notice to applicant.

Section 147.155 - Appeal to Workers’ Compensation Board; hearing; record; evidence considered; board determination not subject to further review.

Section 147.165 - Payment of awards; awards to minors and incompetents.

Section 147.205 - Authority of Department of Justice; assistance from other agencies; examination of victims; reports to Governor and Legislative Assembly; rules.

Section 147.215 - Attorney General as legal adviser to department; assistance by governmental agencies.

Section 147.227 - Disbursement of moneys to be used for victims’ assistance programs; qualifications; rules.

Section 147.231 - Disbursement of moneys to agencies that provide services to victims of crimes; rules.

Section 147.245 - Disposition of moneys recovered from assailant; disposition of gifts or grants.

Section 147.255 - Recovery of moneys paid on fraudulent claims; recovery of fees.

Section 147.275 - Proceeds of compensable crime; escrow account for benefit of victims; notice; distribution; hearing; definitions; rules.

Section 147.281 - Definitions.

Section 147.287 - Perfection of lien.

Section 147.289 - Notice of lien; form.

Section 147.345 - State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement.

Section 147.365 - Law enforcement agencies to inform crime victims of compensation procedure; agencies not civilly liable for failure to comply.

Section 147.367 - Services to victims of acts of mass destruction; Department of Justice.

Section 147.380 - Service referral for bias incidents; telephone hotline; response coordinator; rules.

Section 147.390 - Payment of expenses by department.

Section 147.391 - Limitation on obligation of Criminal Injuries Compensation Account under ORS 147.390.

Section 147.395 - Definitions.

Section 147.397 - Payment of costs; form; provider reimbursement; rules.

Section 147.399 - Sexual Assault Victims’ Emergency Medical Response Fund.

Section 147.401 - Sexual assault response teams.

Section 147.403 - Policies, guidelines and training requirements for providers of medical care to sexual assault patients.

Section 147.404 - Notification of victim advocate concerning medical assessment.

Section 147.405 - Short title.

Section 147.410 - Purpose.

Section 147.415 - Severability.

Section 147.417 - Victim to be notified of constitutional rights.

Section 147.419 - Authority of victim to obtain copy of transcript or tape of criminal proceeding.

Section 147.421 - Information about defendant that public body is required to provide to victim.

Section 147.425 - Personal representative.

Section 147.430 - Speedy trial.

Section 147.433 - Rights afforded upon request; notice; attendance; protection.

Section 147.438 - Habeas corpus proceedings in federal court.

Section 147.450 - Definitions.

Section 147.453 - Oregon Domestic and Sexual Violence Services Fund.

Section 147.456 - Plan for allocation of funds; Department of Justice.

Section 147.459 - Considerations in developing plan.

Section 147.462 - Limits on expenditures from fund.

Section 147.465 - Grantmaking; rules.

Section 147.468 - Authority of Department of Justice.

Section 147.471 - Advisory council.

Section 147.480 - Fund established; allocation of moneys; application; advisory committee; rules.

Section 147.500 - Definitions.

Section 147.502 - General provisions.

Section 147.504 - Scope.

Section 147.508 - Reconsideration of release decision.

Section 147.510 - Critical stage of criminal proceeding; notice to court.

Section 147.512 - Plea hearings, sentencing hearings and settlement conferences.

Section 147.515 - Claims.

Section 147.517 - Notice; order to show cause; response.

Section 147.520 - Resolution of claim when response not filed.

Section 147.522 - Issue that will have impact on trial; challenge to designation as victim or victim’s presence at trial.

Section 147.525 - Rescheduling matters affected by claim, response or motion.

Section 147.530 - Hearing on claim, response or motion; order.

Section 147.533 - Waiver of remedy.

Section 147.535 - Appeals generally.

Section 147.537 - Appellate review as matter of right; notice of interlocutory appeal; service; response.

Section 147.539 - Discretionary review.

Section 147.542 - Stay pending appeal.

Section 147.545 - Attorney General certification; intervention.

Section 147.550 - Establishment of requirements and procedures by Chief Justice by rule or order.

Section 147.560 - Task Force on Victims’ Rights Enforcement; duties; reports.

Section 147.575 - Recommendations for achieving full compliance with victims’ rights laws; model rules, procedures or policies.

Section 147.600 - Confidentiality of certain victim communications and records; exception.

Section 147.620 - Certification procedures; duties of certifying agency or official; liability.