ORS 147.345
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)

Intentionally left blank —Ed.

(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 assailant’s 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]

Source: Section 147.345 — State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement, https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html.

147.005
Definitions 147.015
Eligibility for compensation generally 147.025
Eligibility of person not victim or survivor or dependent of deceased victim 147.035
Compensable losses 147.045
Notification of district attorney upon filing of compensation claim 147.055
Emergency awards 147.065
Limitation on time for commencing action for compensable crime 147.105
Application for compensation 147.115
Confidentiality of application information 147.125
Determining amount of compensation 147.135
Processing compensation application 147.145
Review of order 147.155
Appeal to Workers’ Compensation Board 147.165
Payment of awards 147.205
Authority of Department of Justice 147.215
Attorney General as legal adviser to department 147.225
Criminal Injuries Compensation Account 147.227
Disbursement of moneys to be used for victims’ assistance programs 147.231
Disbursement of moneys to agencies that provide services to victims of crimes 147.240
Department of Justice to submit claims to account for payment of awards 147.245
Disposition of moneys recovered from assailant 147.255
Recovery of moneys paid on fraudulent claims 147.275
Proceeds of compensable crime 147.281
Definitions 147.283
Notice to Department of Justice of claim or action to enforce claim for injuries 147.285
Creation of lien 147.287
Perfection of lien 147.289
Notice of lien 147.292
Notice of amount of judgment, settlement or compromise 147.294
Liability of person making payment after notice of lien is recorded 147.296
Action for failure to provide notice 147.298
Where action may be initiated 147.305
Effect of criminal conviction on compensation proceedings 147.315
Charging fees to applicants prohibited 147.325
Compensation not subject to assignment or legal process prior to receipt by beneficiary 147.335
Compensation rights not to survive beneficiary 147.345
State subrogated to rights accruing to beneficiary 147.365
Law enforcement agencies to inform crime victims of compensation procedure 147.367
Services to victims of acts of mass destruction 147.380
Service referral for bias incidents 147.390
Payment of expenses by department 147.391
Limitation on obligation of Criminal Injuries Compensation Account under ORS 147.390 147.395
Definitions 147.397
Payment of costs 147.399
Sexual Assault Victims’ Emergency Medical Response Fund 147.401
Sexual assault response teams 147.403
Policies, guidelines and training requirements for providers of medical care to sexual assault patients 147.404
Notification of victim advocate concerning medical assessment 147.405
Short title 147.410
Purpose 147.415
Severability 147.417
Victim to be notified of constitutional rights 147.419
Authority of victim to obtain copy of transcript or tape of criminal proceeding 147.421
Information about defendant that public body is required to provide to victim 147.425
Personal representative 147.430
Speedy trial 147.433
Rights afforded upon request 147.438
Habeas corpus proceedings in federal court 147.450
Definitions 147.453
Oregon Domestic and Sexual Violence Services Fund 147.456
Plan for allocation of funds 147.459
Considerations in developing plan 147.462
Limits on expenditures from fund 147.465
Grantmaking 147.468
Authority of Department of Justice 147.471
Advisory council 147.480
Fund established 147.500
Definitions 147.502
General provisions 147.504
Scope 147.508
Reconsideration of release decision 147.510
Critical stage of criminal proceeding 147.512
Plea hearings, sentencing hearings and settlement conferences 147.515
Claims 147.517
Notice 147.520
Resolution of claim when response not filed 147.522
Issue that will have impact on trial 147.525
Rescheduling matters affected by claim, response or motion 147.530
Hearing on claim, response or motion 147.533
Waiver of remedy 147.535
Appeals generally 147.537
Appellate review as matter of right 147.539
Discretionary review 147.542
Stay pending appeal 147.545
Attorney General certification 147.550
Establishment of requirements and procedures by Chief Justice by rule or order 147.560
Task Force on Victims’ Rights Enforcement 147.575
Recommendations for achieving full compliance with victims’ rights laws 147.600
Confidentiality of certain victim communications and records 147.620
Certification procedures
Green check means up to date. Up to date

Current through early 2024

§ 147.345’s source at oregon​.gov