2007 ORS 137.109¹
Effect of restitution order on other remedies of victim
  • credit of restitution against subsequent civil judgment
  • effect of criminal judgment on subsequent civil action

(1) Nothing in ORS 137.103 (Definitions for ORS 137.101 to 137.109) to 137.109 (Effect of restitution order on other remedies of victim), 137.540 (Conditions of probation), 144.102 (Conditions of post-prison supervision), 144.275 (Parole of inmates sentenced to make financial restitution), 161.675 (Time and method of payment of fines, restitution and costs) and 161.685 (Effect of nonpayment of fines, restitution or costs) limits or impairs the right of a person injured by a defendant’s commission of a crime, or by a defendant’s commission of a violation described in ORS 153.008 (Violations described), to sue and recover damages from the defendant in a civil action. Evidence that the defendant has paid or been ordered to pay restitution pursuant to ORS 137.103 (Definitions for ORS 137.101 to 137.109) to 137.109 (Effect of restitution order on other remedies of victim), 137.540 (Conditions of probation), 144.102 (Conditions of post-prison supervision), 144.275 (Parole of inmates sentenced to make financial restitution), 161.675 (Time and method of payment of fines, restitution and costs) and 161.685 (Effect of nonpayment of fines, restitution or costs) may not be introduced in any civil action arising out of the facts or events that were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in such civil action.

(2) If conviction in a criminal trial necessarily decides the issue of a defendant’s liability for economic damages of a victim, that issue is conclusively determined as to the defendant if it is involved in a subsequent civil action. [1977 c.371 §7; 1993 c.533 §2; 1997 c.526 §4; 1999 c.1051 §125; 2005 c.564 §3]

Notes of Decisions

Restitu­tion is crim­i­nal sanc­tion and not intended to be equivalent of civil award and, although defendant satisfied restitu­tion ordered as part of sen­tence on con­vic­­tion for theft involving unlawful obtain­ment of unemploy­ment benefits, that determina­tion did not collaterally estop plaintiff, administrator of Employ­ment Division, from bringing civil ac­tion for recovery of unlawfully obtained benefits because issue resolved in crim­i­nal case was not same as issue to be resolved in civil case. Thorne v. Gay, 92 Or App 251, 758 P2d 380 (1988)

Notes of Decisions

Type and amount of restitu­tion is limited to that which would be recovered as special damages in civil ac­tion and, where sub­se­quent civil ac­tion is barred, further restitu­tion is barred. State v. Rodriguez, 88 Or App 429, 745 P2d 811 (1987), Sup Ct review denied; State v. Thompson, 138 Or App 247, 908 P2d 329 (1995)


1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 137, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.