2021 Oregon Revised Statutes
Chapter 147 - Victims of Crime and Acts of Mass Destruction
Section 147.438 - Habeas corpus proceedings in federal court.


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.

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.