(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 good cause exists for the failure of notification;
(c) The notification described in paragraph (b) of this subsection occurred within 72 hours after the perpetration of the crime, unless the Department of Justice finds good cause exists for the failure of notification within 72 hours;
(d) The applicant cooperated with law enforcement officials in the apprehension and prosecution of the assailant or the department has found that the applicant’s failure to cooperate was for good cause;
(e) The application for compensation is not the result of collusion between the applicant and the assailant of the victim;
(f) The death or injury to the victim was not substantially attributable to the wrongful act of the victim; and
(g) 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)(a) The fact that a victim was subjected to sexual exploitation as defined in ORS 419B.005, domestic violence as defined in ORS 135.230, sexual abuse as defined in ORS 163.760 or stalking as defined in ORS 163.732 is prima facie evidence of good cause for the victim’s failure to notify law enforcement in a timely manner under subsection (1)(c) of this section, or for failure to cooperate with law enforcement under subsection (1)(d) of this section.
(b) 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, 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; or
(D) A medical assessment, as defined in ORS 147.395, for sexual assault.
(3) The department shall adopt rules establishing:
(a) A limited domestic violence counseling award for victims of domestic violence who apply for an award of compensation but who do not otherwise qualify under the eligibility requirements of this section.
(b) A limited sexual assault counseling award for victims of sexual assault who apply for an award of compensation but who do not otherwise qualify under the eligibility requirements 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]
Structure 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 147.055 - Emergency awards; amount; effect on final award.
Section 147.065 - Limitation on time for commencing action for compensable crime.
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 147.165 - Payment of awards; awards to minors and incompetents.
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 147.281 - Definitions.
Section 147.287 - Perfection of lien.
Section 147.289 - Notice of lien; form.
Section 147.367 - Services to victims of acts of mass destruction; Department of Justice.
Section 147.390 - Payment of expenses by department.
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 147.404 - Notification of victim advocate concerning medical assessment.
Section 147.405 - Short title.
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 147.508 - 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 147.517 - Notice; order to show cause; response.
Section 147.520 - Resolution of claim when response not filed.
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 147.539 - 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 147.600 - Confidentiality of certain victim communications and records; exception.
Section 147.620 - Certification procedures; duties of certifying agency or official; liability.