Victims of Crime and Acts of Mass Destruction
(1)“Authorized prosecuting attorney” means a prosecuting attorney who, at the request of a victim, has agreed to assert and enforce a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution.
(2)“Claim” means the allegation and proposed remedy described in ORS 147.515 (Claims) (1).
(3)“Crime” includes an act committed by a person who is under 18 years of age that, if committed by an adult, would constitute a misdemeanor or felony.
(4)“Criminal proceeding” means an action at law in which a person is alleged, or has been adjudicated, to have committed a crime for which there is a victim and that is conducted in the trial court before or after sentencing or disposition.
(5)“Critical stage of the proceeding” means:
(a)Release hearings or hearings to modify the conditions of release, except hearings concerning release decisions at arraignment;
(c)Hearings related to the rescheduling of trial;
(d)Hearings on motions or petitions:
(A)Conducted pursuant to ORS 40.210 (Rule 412. Sex offense cases) or 135.139 (Notice of availability of testing for HIV and other communicable diseases to person charged with crime);
(B)To amend, dismiss or set aside a charge, conviction, order or judgment; or
(C)To suppress or exclude evidence;
(e)Entry of guilty or no contest pleas;
(i)Probation violation or revocation hearings if the crime of conviction is a felony or person Class A misdemeanor and the victim has requested notice of the hearing from the prosecuting attorney or the supervisory authority as defined in ORS 144.087 (“Supervisory authority” defined);
(j)Hearings for relief from the requirement to report as a sex offender or for the reclassification of a sex offender;
(k)Hearings related to a deferred sentencing agreement;
(L)Hearings designated as a critical stage of the proceeding in ORS 419C.273 (Right of victim to be present at proceedings); and
(m)Any other stage of a criminal proceeding the court determines is a critical stage of the proceeding for purposes of section 42, Article I of the Oregon Constitution.
(6)“Defendant” includes a person under 18 years of age alleged to be within the jurisdiction of the juvenile court under ORS chapter 419C.
(7)“Plea hearing” means a hearing in which a defendant enters a plea of guilty or no contest.
(8)“Plea of guilty or no contest” includes:
(a)An admission by a person under 18 years of age that the person is within the jurisdiction of the juvenile court; and
(b)If a juvenile court petition has been filed, entering into a formal accountability agreement under ORS 419C.230 (Formal accountability agreements) or entering an authorized diversion program under ORS 419C.225 (Authorized diversion programs).
(9)“Prosecuting attorney” means a district attorney as defined in ORS 131.005 (General definitions). In a criminal proceeding conducted in the juvenile court, “prosecuting attorney” includes the juvenile department.
(10)“Reasonable efforts to inform the victim” includes, but is not limited to, providing information orally, in writing, electronically or by mail to the victim’s last known address.
(11)“Sentencing hearing” includes the dispositional phase of a juvenile delinquency proceeding under ORS chapter 419C.
(12)“Trial court” includes the juvenile court.
(13)“Victim” means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of the crime alleged in the criminal proceeding and, in the case of a victim who is a minor, the legal guardian of the minor.
(14)“Violent felony” means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense. [2009 c.178 §1; 2013 c.708 §15a]
Notes of Decisions
ORS 147.500 to 147.550 set forth procedures for crime victim to pursue remedy for violation of victim's constitutional rights. State v. Thompson, 257 Or App 336, 306 P3d 731 (2013), Sup Ct review denied
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