(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 or sexual abuse 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]
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.