Victims of Crime and Acts of Mass Destruction
(1)As used in this section:
(a)“Health care provider” has the meaning given that term in ORS 192.556 (Definitions for ORS 192.553 to 192.581).
(b)“Law enforcement agency” means:
(A)A city or municipal police department.
(B)A county sheriff’s office.
(C)The Oregon State Police.
(D)A district attorney.
(E)A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers).
(F)A special campus security officer commissioned under ORS 352.118 (Establishment of police department).
(G)An authorized tribal police officer as defined in ORS 181A.680 (Definitions for ORS 181A.680 to 181A.692).
(c)“Person crime” means a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission.
(d)“Personal representative” means a person selected under subsection (2) of this section to accompany the victim of a crime to certain phases of an investigation and prosecution.
(e)“Protective service worker” means an employee or contractor of a local or state agency whose role it is to protect children or vulnerable adults from abuse or neglect.
(2)A victim of a person crime, who is at least 15 years of age at the time the crime is committed, may select a person who is at least 18 years of age as the victim’s personal representative for purposes of this section. The victim may not select a person who is a suspect in, or a party or witness to, the crime as a personal representative.
(3)Except for grand jury proceedings and child abuse assessments occurring at a child advocacy center recognized by the Department of Justice, a personal representative may accompany the victim to those phases of the investigation, including medical examinations, and prosecution of the crime at which the victim is entitled or required to be present.
(4)A health care provider, law enforcement agency, protective service worker or court may not prohibit a personal representative from accompanying a victim as authorized by subsection (3) of this section unless the health care provider, law enforcement agency, protective service worker or court believes that the personal representative would compromise the process.
(5)A health care provider, law enforcement agency, protective service worker or court is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to a decision under subsection (4) of this section to prohibit a personal representative from accompanying a victim.
(6)The fact that a personal representative was allowed or was not allowed to accompany a victim may not be used as a basis for excluding otherwise admissible evidence.
(7)The fact that a victim has or has not selected a personal representative under this section may not be used as evidence in the criminal case. [2005 c.490 §1; 2011 c.506 §19; 2011 c.644 §§21,44; 2013 c.180 §§19,20; 2015 c.174 §9; 2015 c.767 §§48,49]
Atty. Gen. Opinions
Primary resource fund where person, as result of single incident, becomes eligible for medical benefits from funds administered by Adult and Family Service Division, Motor Vehicle Accident Fund and Crime Victims' Compensation Division, (1978) Vol 39, p 323