2021 Oregon Revised Statutes
Chapter 147 - Victims of Crime and Acts of Mass Destruction
Section 147.530 - Hearing on claim, response or motion; order.


(2) At the hearing, the court may receive evidence relevant to the claim or motion.
(3) As to a particular fact at issue, the court shall find against the person bearing the burden of persuasion unless the person proves the fact by a preponderance of the evidence.
(4) If the court determines that the moving party:
(a) Is entitled to relief, the court shall, after giving due consideration to the requested relief, issue a written order.
(b) Is not entitled to relief or that the Oregon Constitution or the United States Constitution prohibits all appropriate relief, the court shall issue a written order denying relief.
(5) An order issued under subsection (4) of this section must:
(a) Be issued within seven days from the date of the hearing held pursuant to this section, unless the court finds good cause to issue the order at a later date.
(b) Except as provided in ORS 147.517 (4)(b)(B), include the reasons relief was granted or denied.
(6) The court shall provide a copy of the order issued under subsection (4) of this section to the victim, the prosecuting attorney, the defendant, any person who filed a response under ORS 147.517 (4) and any person against whom relief was ordered at the mailing address provided under ORS 147.517 (1)(a). [2009 c.178 §11; 2013 c.224 §2]
Note: See note under 147.500.

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.