Judgment and Execution

ORS 137.109
Effect of restitution order on other remedies of victim

  • credit of restitution against subsequent civil judgment
  • effect of criminal judgment on subsequent civil action


(1)

Nothing in ORS 137.103 (Definitions for ORS 137.101 to 137.109) to 137.109 (Effect of restitution order on other remedies of victim), 137.540 (Conditions of probation), 144.102 (Conditions of post-prison supervision), 144.275 (Parole of adults in custody sentenced to pay compensatory fines or make restitution), 161.675 (Time and method of payment of fines, restitution and costs) and 161.685 (Effect of nonpayment of fines, restitution or costs) limits or impairs the right of a person injured by a defendant’s commission of a crime, by a defendant’s commission of a violation described in ORS 153.008 (Violations described), or by a defendant’s commission of an act that has brought the defendant before the court for the purpose of entering into a driving while under the influence of intoxicants diversion agreement, to sue and recover damages from the defendant in a civil action. Evidence that the defendant has paid or been ordered to pay restitution pursuant to ORS 137.103 (Definitions for ORS 137.101 to 137.109) to 137.109 (Effect of restitution order on other remedies of victim), 137.540 (Conditions of probation), 144.102 (Conditions of post-prison supervision), 144.275 (Parole of adults in custody sentenced to pay compensatory fines or make restitution), 161.675 (Time and method of payment of fines, restitution and costs) and 161.685 (Effect of nonpayment of fines, restitution or costs) may not be introduced in any civil action arising out of the facts or events that were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in such civil action.

(2)

If conviction in a criminal trial necessarily decides the issue of a defendant’s liability for economic damages of a victim, that issue is conclusively determined as to the defendant if it is involved in a subsequent civil action. [1977 c.371 §7; 1993 c.533 §2; 1997 c.526 §4; 1999 c.1051 §125; 2005 c.564 §3; 2013 c.78 §8]

Notes of Decisions

Restitution is criminal sanction and not intended to be equivalent of civil award and, although defendant satisfied restitution ordered as part of sentence on conviction for theft involving unlawful obtainment of unemployment benefits, that determination did not collaterally estop plaintiff, administrator of Employment Division, from bringing civil action for recovery of unlawfully obtained benefits because issue resolved in criminal case was not same as issue to be resolved in civil case. Thorne v. Gay, 92 Or App 251, 758 P2d 380 (1988)

§§ 137.103 to 137.109

Notes of Decisions

Type and amount of restitution is limited to that which would be recovered as special damages in civil action and, where subsequent civil action is barred, further restitution is barred. State v. Rodriguez, 88 Or App 429, 745 P2d 811 (1987), Sup Ct review denied; State v. Thompson, 138 Or App 247, 908 P2d 329 (1995)


Source

Last accessed
Jun. 26, 2021