(2) In any case involving a defendant charged with a violent felony:
(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]
Note: See note under 147.500.
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.