(a) By a victim who had notice of a related claim and did neither of the following:
(A) File a response under ORS 147.517 (4); or
(B) Participate in a hearing under ORS 147.530; or
(b) By any person after:
(A) The date determined by the court under ORS 147.517 (2)(a) if the person is filing a response;
(B) The period of time described in ORS 147.522 if the person is filing a motion; or
(C) Former jeopardy attaches, unless a motion for new trial or a motion in arrest of judgment is granted.
(2) Subsection (1) of this section does not apply to:
(a) Remedies that may be effectuated after the disposition of a criminal proceeding;
(b) The right to obtain information described in section 42 (1)(b), Article I of the Oregon Constitution;
(c) The right to receive prompt restitution described in section 42 (1)(d), Article I of the Oregon Constitution;
(d) The right to have a copy of a transcript described in section 42 (1)(e), Article I of the Oregon Constitution; or
(e) Remedies requested in a subsequent criminal proceeding arising after a state or federal court has granted a new trial or sentencing, provided the remedy is not waived pursuant to subsection (1) of this section in the subsequent criminal proceeding. [2009 c.178 §12]
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.