2017 ORS 147.015¹
Eligibility for compensation generally
  • rules

(1) A person is eligible for an award of compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) if:

(a) The person is a victim, or is a survivor or dependent of a deceased victim, of a compensable crime that has resulted in or may result in a compensable loss;

(b) The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death or injury to the victim, unless the Department of Justice finds good cause exists for the failure of notification;

(c) The notification described in paragraph (b) of this subsection occurred within 72 hours after the perpetration of the crime, unless the Department of Justice finds good cause exists for the failure of notification within 72 hours;

(d) The applicant cooperated with law enforcement officials in the apprehension and prosecution of the assailant or the department has found that the applicant’s failure to cooperate was for good cause;

(e) The application for compensation is not the result of collusion between the applicant and the assailant of the victim;

(f) The death or injury to the victim was not substantially attributable to the wrongful act of the victim; and

(g) The application for an award of compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) is filed with the department:

(A) Within one year of the date of the injury to the victim; or

(B) Within such further extension of time as the department, for good cause shown, allows.

(2)(a) The fact that a victim was subjected to sexual exploitation as defined in ORS 419B.005 (Definitions), domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), sexual abuse as defined in ORS 163.760 (Definitions for ORS 163.760 to 163.777) or stalking as defined in ORS 163.732 (Stalking) is prima facie evidence of good cause for the victim’s failure to notify law enforcement in a timely manner under subsection (1)(c) of this section, or for failure to cooperate with law enforcement under subsection (1)(d) of this section.

(b) The requirement under subsection (1)(b) of this section to notify the appropriate law enforcement officials of the perpetration of the crime is satisfied if, as a result of the compensable crime for which the victim or applicant is applying for compensation, the victim or applicant obtained:

(A) A temporary or permanent stalking protective order under ORS 30.866 (Action for issuance or violation of stalking protective order) or 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) to 163.750 (Violating a court’s stalking protective order);

(B) A sexual abuse restraining order under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required);

(C) An abuse prevention order under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) or 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title); or

(D) A medical assessment, as defined in ORS 147.395 (Definitions), for sexual assault.

(3) The department shall adopt rules establishing:

(a) A limited domestic violence counseling award for victims of domestic violence who apply for an award of compensation but who do not otherwise qualify under the eligibility requirements of this section.

(b) A limited sexual assault counseling award for victims of sexual assault who apply for an award of compensation but who do not otherwise qualify under the eligibility requirements of this section. [1977 c.376 §3; 1987 c.770 §2; 1989 c.542 §2; 1991 c.862 §2; 1997 c.288 §1; 2011 c.125 §3; 2013 c.720 §9; 2017 c.108 §1]

Notes of Decisions

“Person” has same meaning as defini­tion given to term by Criminal Code. State v. Spino, 143 Or App 619, 925 P2d 101 (1996)

Atty. Gen. Opinions

Primary resource as between federally funded Aid to Dependent Children or state-funded General Assistance benefits and Crime Victims’ Compensa­tion Program for pay­ment of lost earnings compensa­tion, (1987) Vol 46, p 1

Chapter 147

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

1 Legislative Counsel Committee, CHAPTER 147—Victims of Crime and Acts of Mass Destruction, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors147.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 147, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano147.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.