2015 ORS 147.345¹
State subrogated to rights accruing to beneficiary
  • suit by state against assailant
  • disposition of proceeds
  • settlement

(1) The acceptance of an award made pursuant to ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant or recipient against the assailant or any other person or entity liable for the injury constituting the basis for the award.

(2)(a) On behalf of the state, the Department of Justice may bring suit against an assailant to recover the amount of compensation paid to an applicant or recipient of an award made pursuant to ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) as a result of the assailants commission of a compensable crime. Before initiating a suit under this subsection, the Department of Justice must notify the applicant or recipient that the Department of Justice is going to initiate a suit. A suit under this subsection does not affect any right or right of action accruing to the applicant or recipient against the assailant for the injury constituting the basis for the award, except that the assailant may be able to offset payments made to the Department of Justice against any award to the applicant or recipient for the same damages. The assailant also may offset any payments the assailant has made to the applicant or recipient for the same damages against any recovery by the Department of Justice under this subsection.

(b) In a suit under this subsection, the Department of Justice may recover attorney fees and costs of suit.

(c) Each separate payment of compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) creates a cause of action under this subsection.

(3) Any settlement of a right or right of action against the assailant or any other person or entity by the victim or the dependent of the victim based on the compensable crime must be approved by the Department of Justice if the department has made an award to the victim or the dependent of the victim. If the settlement is not approved by the department, the department may void the settlement. [1977 c.376 §20; 1987 c.770 §8; 2001 c.371 §1; 2012 c.81 §20]

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 147, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano147.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.