ORS 147.500
Definitions


As used in ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order):

(1)

“Authorized prosecuting attorney” means a prosecuting attorney who, at the request of a victim, has agreed to assert and enforce a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution.

(2)

“Claim” means the allegation and proposed remedy described in ORS 147.515 (Claims) (1).

(3)

“Crime” includes an act committed by a person who is under 18 years of age that, if committed by an adult, would constitute a misdemeanor or felony.

(4)

“Criminal proceeding” means an action at law in which a person is alleged, or has been adjudicated, to have committed a crime for which there is a victim and that is conducted in the trial court before or after sentencing or disposition.

(5)

“Critical stage of the proceeding” means:

(a)

Release hearings or hearings to modify the conditions of release, except hearings concerning release decisions at arraignment;

(b)

Preliminary hearings;

(c)

Hearings related to the rescheduling of trial;

(d)

Hearings on motions or petitions:

(A)

Conducted pursuant to ORS 40.210 (Rule 412. Sex offense cases) or 135.139 (Notice of availability of testing for HIV and other communicable diseases to person charged with crime);

(B)

To amend, dismiss or set aside a charge, conviction, order or judgment; or

(C)

To suppress or exclude evidence;

(e)

Entry of guilty or no contest pleas;

(f)

Trial;

(g)

Restitution hearings;

(h)

Sentencing;

(i)

Probation violation or revocation hearings if the crime of conviction is a felony or person Class A misdemeanor and the victim has requested notice of the hearing from the prosecuting attorney or the supervisory authority as defined in ORS 144.087 (“Supervisory authority” defined);

(j)

Hearings for relief from the requirement to report as a sex offender or for the reclassification of a sex offender;

(k)

Hearings related to a deferred sentencing agreement;

(L)

Hearings designated as a critical stage of the proceeding in ORS 419C.273 (Right of victim to be present at proceedings); and

(m)

Any other stage of a criminal proceeding the court determines is a critical stage of the proceeding for purposes of section 42, Article I of the Oregon Constitution.

(6)

“Defendant” includes a person under 18 years of age alleged to be within the jurisdiction of the juvenile court under ORS chapter 419C.

(7)

“Plea hearing” means a hearing in which a defendant enters a plea of guilty or no contest.

(8)

“Plea of guilty or no contest” includes:

(a)

An admission by a person under 18 years of age that the person is within the jurisdiction of the juvenile court; and

(b)

If a juvenile court petition has been filed, entering into a formal accountability agreement under ORS 419C.230 (Formal accountability agreements) or entering an authorized diversion program under ORS 419C.225 (Authorized diversion programs).

(9)

“Prosecuting attorney” means a district attorney as defined in ORS 131.005 (General definitions). In a criminal proceeding conducted in the juvenile court, “prosecuting attorney” includes the juvenile department.

(10)

“Reasonable efforts to inform the victim” includes, but is not limited to, providing information orally, in writing, electronically or by mail to the victim’s last known address.

(11)

“Sentencing hearing” includes the dispositional phase of a juvenile delinquency proceeding under ORS chapter 419C.

(12)

“Trial court” includes the juvenile court.

(13)

“Victim” means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of the crime alleged in the criminal proceeding and, in the case of a victim who is a minor, the legal guardian of the minor.

(14)

“Violent felony” means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense. [2009 c.178 §1; 2013 c.708 §15a]
Note: 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) 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.

Source: Section 147.500 — Definitions, 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
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