2015 ORS 147.515¹
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

Notes of Decisions

ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) set forth pro­ce­dures for crime victim to pursue remedy for viola­tion of victim's constitu­tional rights. State v. Thompson, 257 Or App 336, 306 P3d 731 (2013), Sup Ct review denied

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.