2017 ORS 147.205¹
Authority of Department of Justice
  • assistance from other agencies
  • examination of victims
  • reports to Governor and Legislative Assembly
  • rules

(1) To carry out the provisions and purposes of ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction), the Department of Justice has the power and duty to:

(a) Appoint such employees and agents as it determines are necessary, fix their compensation within the limitations provided by law, and prescribe their duties.

(b) Request and obtain from law enforcement agencies, district attorneys, county juvenile departments, the Department of Human Services, the Oregon Youth Authority and the Department of Corrections such assistance and information, including police reports, as will enable the Department of Justice to carry out its functions and duties under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction). The Department of Justice may obtain assistance and information under this paragraph, notwithstanding any other law relating to the confidentiality or disclosure of records. The Department of Justice:

(A) Shall maintain the confidentiality of any privileged or confidential information or records obtained under this paragraph;

(B) May use the information or records only for the purposes authorized by ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction); and

(C) May not disclose the contents of any privileged or confidential records to any other person or entity.

(c) Adopt rules pursuant to ORS chapter 183.

(d) Direct medical examination of victims.

(e) Determine all claims for awards filed with the department pursuant to ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction), and to reinvestigate or reopen cases as the department deems necessary.

(f) Report biennially to the Governor and to the Legislative Assembly on its activities.

(2) Notwithstanding any other law relating to the confidentiality or disclosure of records, when a crime victim applies for compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction), a person that provides medical services or supplies or pays the costs of medical services or supplies provided to the crime victim shall provide to the Department of Justice any individually identifiable health information the person has in the person’s possession about the crime victim if:

(a) The department requests the information; and

(b) A release authorizing the surrender has been completed under ORS 147.105 (Application for compensation) (1)(h).

(3) As used in subsection (2) of this section:

(a) “Pays” includes, but is not limited to, payments made directly or indirectly through settlements, judgments, insurance, Medicaid, other compensation or restitution.

(b) “Person” includes, but is not limited to, health care providers and their agents, insurers and their agents, employers and public bodies as defined in ORS 174.109 (“Public body” defined). [1977 c.376 §12; 1987 c.770 §7; 1997 c.396 §1; 2003 c.351 §2; 2012 c.81 §13; 2017 c.108 §4]

Notes of Decisions

This sec­tion is specific and limited grant of authority to Depart­ment of Justice, and does not constitute a general grant of power to depart­ment to carry out purposes and pro­vi­sions of ORS 147.275 (Proceeds of compensable crime). Danmark Publishing, Inc. v. Dept. of Justice, 108 Or App 382, 816 P2d 629 (1991)

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.