ORS 147.515
Claims


(1)

A victim who wishes to allege a violation of a right granted to the victim in a criminal proceeding by Article I, section 42 or 43, of the Oregon Constitution, shall inform the court within 30 days of the date the victim knew or reasonably should have known of the facts supporting the allegation. The victim shall describe the facts supporting the allegation and propose a remedy.

(2)

The victim may inform the court of a claim:

(a)

On a form prescribed by the Chief Justice of the Supreme Court; or

(b)

On the record in open court and in the presence of the defendant and the prosecuting attorney.

(3)

If the victim informs the court of a facially valid claim on a form under subsection (2)(a) of this section, the court shall promptly issue the order to show cause described in ORS 147.517 (Notice).

(4)

If the victim informs the court of a facially valid claim orally under subsection (2)(b) of this section and the court determines:

(a)

That each person entitled to notice of the claim and a reasonable opportunity to be heard is present, the court shall hold a hearing under ORS 147.530 (Hearing on claim, response or motion) as soon as practicable; or

(b)

That any person entitled to notice of the claim and a reasonable opportunity to be heard is not present, the court shall issue the order to show cause described in ORS 147.517 (Notice).

(5)

If the court determines that the victim has not alleged a facially valid claim, the court shall enter a written order dismissing the claim. The order must:

(a)

Include the reasons the claim was dismissed; and

(b)

Be without prejudice to file, within seven days from the date the victim receives the written order dismissing the claim, a corrected claim for the sole purpose of correcting the deficiency identified by the court.

(6)

If a victim informs the court of a claim orally and the court does not immediately hear the matter, the court may require the victim to complete the form described in subsection (2)(a) of this section. [2009 c.178 §6; 2011 c.659 §3; 2013 c.224 §1]
Note: See note under 147.500 (Definitions).

Notes of Decisions

Resentencing of defendant as remedy for state violation of victim rights does not violate constitutional prohibition against double jeopardy. State v. Barrett, 350 Or 390, 255 P3d 472 (2011)

30 day time limitation does not restrict trial court’s jurisdictional authority to hear victim’s claim. State v. Thompson, 257 Or App 336, 306 P3d 731 (2013), Sup Ct review denied

147.005
Definitions
147.015
Eligibility for compensation generally
147.025
Eligibility of person not victim or survivor or dependent of deceased victim
147.035
Compensable losses
147.045
Notification of district attorney upon filing of compensation claim
147.055
Emergency awards
147.065
Limitation on time for commencing action for compensable crime
147.105
Application for compensation
147.115
Confidentiality of application information
147.125
Determining amount of compensation
147.135
Processing compensation application
147.145
Review of order
147.155
Appeal to Workers’ Compensation Board
147.165
Payment of awards
147.205
Authority of Department of Justice
147.215
Attorney General as legal adviser to department
147.225
Criminal Injuries Compensation Account
147.227
Disbursement of moneys to be used for victims’ assistance programs
147.231
Disbursement of moneys to agencies that provide services to victims of crimes
147.240
Department of Justice to submit claims to account for payment of awards
147.245
Disposition of moneys recovered from assailant
147.255
Recovery of moneys paid on fraudulent claims
147.275
Proceeds of compensable crime
147.281
Definitions
147.283
Notice to Department of Justice of claim or action to enforce claim for injuries
147.285
Creation of lien
147.287
Perfection of lien
147.289
Notice of lien
147.292
Notice of amount of judgment, settlement or compromise
147.294
Liability of person making payment after notice of lien is recorded
147.296
Action for failure to provide notice
147.298
Where action may be initiated
147.305
Effect of criminal conviction on compensation proceedings
147.315
Charging fees to applicants prohibited
147.325
Compensation not subject to assignment or legal process prior to receipt by beneficiary
147.335
Compensation rights not to survive beneficiary
147.345
State subrogated to rights accruing to beneficiary
147.365
Law enforcement agencies to inform crime victims of compensation procedure
147.367
Services to victims of acts of mass destruction
147.380
Service referral for bias incidents
147.390
Payment of expenses by department
147.391
Limitation on obligation of Criminal Injuries Compensation Account under ORS 147.390
147.395
Definitions
147.397
Payment of costs
147.399
Sexual Assault Victims’ Emergency Medical Response Fund
147.401
Sexual assault response teams
147.403
Policies, guidelines and training requirements for providers of medical care to sexual assault patients
147.404
Notification of victim advocate concerning medical assessment
147.405
Short title
147.410
Purpose
147.415
Severability
147.417
Victim to be notified of constitutional rights
147.419
Authority of victim to obtain copy of transcript or tape of criminal proceeding
147.421
Information about defendant that public body is required to provide to victim
147.425
Personal representative
147.430
Speedy trial
147.433
Rights afforded upon request
147.438
Habeas corpus proceedings in federal court
147.450
Definitions
147.453
Oregon Domestic and Sexual Violence Services Fund
147.456
Plan for allocation of funds
147.459
Considerations in developing plan
147.462
Limits on expenditures from fund
147.465
Grantmaking
147.468
Authority of Department of Justice
147.471
Advisory council
147.480
Fund established
147.500
Definitions
147.502
General provisions
147.504
Scope
147.508
Reconsideration of release decision
147.510
Critical stage of criminal proceeding
147.512
Plea hearings, sentencing hearings and settlement conferences
147.515
Claims
147.517
Notice
147.520
Resolution of claim when response not filed
147.522
Issue that will have impact on trial
147.525
Rescheduling matters affected by claim, response or motion
147.530
Hearing on claim, response or motion
147.533
Waiver of remedy
147.535
Appeals generally
147.537
Appellate review as matter of right
147.539
Discretionary review
147.542
Stay pending appeal
147.545
Attorney General certification
147.550
Establishment of requirements and procedures by Chief Justice by rule or order
147.560
Task Force on Victims’ Rights Enforcement
147.575
Recommendations for achieving full compliance with victims’ rights laws
147.600
Confidentiality of certain victim communications and records
147.620
Certification procedures
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