Victim to be notified of constitutional rights
(1) As soon as is reasonably practicable in a criminal action in which there is a victim, a law enforcement agency shall notify a person who reasonably appears to be a victim of the offense of the person’s rights under section 42, Article I of the Oregon Constitution. The notice may be oral or written and written notice may be provided electronically. If exercise of any of the rights depends upon the victim making a request, the law enforcement agency shall include in the notice the time period in which the victim is required to make the request. A law enforcement agency satisfies the requirements of this section if the law enforcement agency:
(a) Provides notice to the victim named in the accusatory instrument, the victim’s guardian or, in a homicide case, the victim’s next of kin; and
(b) Presents, if written notice is given, the notice directly to the victim, sends the notice to the last address given to the law enforcement agency by the victim or sends the notice electronically to the cellular phone number or electronic mail address given to the law enforcement agency by the victim.
(2) Failure by a law enforcement agency to properly notify the victim as required by this section:
(a) Is not grounds for setting aside a conviction.
(b) Does not affect the validity of a plea, except as provided by section 42 or 43, Article I of the Oregon Constitution.
(3) Nothing in subsection (2) of this section justifies a failure to properly notify the victim.
(4)(a) As used in this section, “law enforcement agency” means the police agency that initially responds in the case, the police agency that investigates the case or the district attorney who prosecutes the case.
(b) The district attorney shall determine if the notice required by this section has been given and, if not, shall provide the notice. [1997 c.313 §5; 2009 c.178 §25; 2017 c.171 §2]
Note: 147.417 (Victim to be notified of constitutional rights), 147.419 (Authority of victim to obtain copy of transcript or tape of criminal proceeding) and 147.421 (Information about defendant that public body is required to provide to victim) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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.