ORS 147.533¹
Waiver of remedy

(1) A remedy under ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) is waived if the remedy is requested:

(a) By a victim who had notice of a related claim and did neither of the following:

(A) File a response under ORS 147.517 (Notice) (4); or

(B) Participate in a hearing under ORS 147.530 (Hearing on claim, response or motion); or

(b) By any person after:

(A) The date determined by the court under ORS 147.517 (Notice) (2)(a) if the person is filing a response;

(B) The period of time described in ORS 147.522 (Issue that will have impact on trial) if the person is filing a motion; or

(C) Former jeopardy attaches, unless a motion for new trial or a motion in arrest of judgment is granted.

(2) Subsection (1) of this section does not apply to:

(a) Remedies that may be effectuated after the disposition of a criminal proceeding;

(b) The right to obtain information described in section 42 (1)(b), Article I of the Oregon Constitution;

(c) The right to receive prompt restitution described in section 42 (1)(d), Article I of the Oregon Constitution;

(d) The right to have a copy of a transcript described in section 42 (1)(e), Article I of the Oregon Constitution; or

(e) Remedies requested in a subsequent criminal proceeding arising after a state or federal court has granted a new trial or sentencing, provided the remedy is not waived pursuant to subsection (1) of this section in the subsequent criminal proceeding. [2009 c.178 §12]

Note: See note under 147.500 (Definitions).

§§ 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order)

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 (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 147, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano147.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information