147.500
Definitions. As
used in ORS 147.500 to 147.550:
(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 (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 or 135.139;
(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;
(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; 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 or entering an authorized diversion program under ORS
419C.225.
(9) “Prosecuting
attorney” means a district attorney as defined in ORS 131.005. 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 to 147.550 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.
Notes of Decisions
Cited in
16
cases (
3 in the last 5 years), 2011–2026 · leading case:
State v. Gallegos, 460 P.3d 529 (Or. Ct. App. 2020).
State v. Gallegos, 460 P.3d 529 (Or. Ct. App. 2020).
· cites it 12× “106(1)(a); and (2) that the trial court committed plain error by failing to follow, in the absence of “good cause,” the procedural requirements for crime victims to assert their con- stitutional rights set forth in ORS 147.500 to 147.550. In response, the state con- cedes that…”
State v. Sperou, 442 P.3d 581 (Or. 2019).
· cites it 2× “But we disagree with the state's contention that, because SC indisputably was a "victim" for purposes of Article I, section 42, and ORS 147.500, the use of that term by the state's witnesses could not have presented a vouching problem.”
State v. Algeo, 311 P.3d 865 (Or. 2013).
· cites it 5× “” The legislature enacted ORS 147.500 to 147.550 to effectuate those constitutional rights.”
State v. Barrett, 255 P.3d 472 (Or. 2011).
· cites it 3× “The legislature did so in ORS 147.500 et seq. *394 One statute that the legislature enacted requires that, at the beginning of any “critical stage” of a criminal proceeding, the prosecutor must inform the trial court about whether the victim has requested advance notice and been…”
State v. Thompson, 306 P.3d 731 (Or. Ct. App. 2013).
· cites it 3× “550 effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding.”
State v. Castillo, 495 P.3d 191 (Or. Ct. App. 2021).
· cites it 11× “When the district attorney does not present evidence of the victim’s damages within 90 days after entry of judgment and does not request or receive a good cause extension of time in which to do so, the victim may effectuate his or her constitutional right to resti- tution…”
State v. Bray, 279 P.3d 216 (Or. 2012).
· cites it 6× “The legislature did so by enacting ORS 147.500 to 147.550. See State v. 11 Barrett, 350 Or 390, 393-94 , 255 P3d 472 (2011) (setting out brief history of the 12 enactment of Article I, section 42, and ORS 147.”
State v. Bray, 291 P.3d 727 (Or. 2012).
· cites it 4× “4 The legislature did so in ORS 147.500 to 147.550. The statutory scheme establishes two avenues for a victim to seek Supreme Court review of an order involving crime victims’ rights that are protected by Article I, sections 42 and 43.”
State v. Lorenzo, 459 P.3d 268 (Or. Ct. App. 2020).
· cites it 2× “3 Nor does the statutory scheme enacted by the legislature to effectuate crime vic- tims’ constitutional rights, ORS 147.500 to 147.550, indicate the legislature’s intent that a crime victim be treated as a party in criminal proceedings.”
State v. Nix, 283 P.3d 442 (Or. Ct. App. 2012).
“005(15) (definition for purpose of compensation of crime victims, paragraph (a) lists various “persons” and paragraph (b) provides that “[i]n the case of abuse of corpse in any degree, the corpse or a relative of the corpse”); ORS 147.500 (effectuating crime victim’s rights,…”
State v. Rieker, 461 P.3d 1083 (Or. Ct. App. 2020).
· cites it 9× “106(1)(a) and (2) the court failed to follow the statutory procedures outlined in ORS 147.500 to 147.550. Held: The trial court did not err in declining to consider whether “good cause” existed, because it had authority under Article I, section 42, of the Oregon Constitution to…”
State v. N. R. L., 311 P.3d 510 (Or. 2013).
· cites it 2× “” Youth cites ORS 147.500 to 147.550 as providing the procedural mechanism by which a victim may assert such a claim.”
— Or. Rev. Stat. § 147.500(1) — 1 case
State v. Castillo, 495 P.3d 191 (Or. Ct. App. 2021).
“When the district attorney does not present evidence of the victim’s damages within 90 days after entry of judgment and does not request or receive a good cause extension of time in which to do so, the victim may effectuate his or her constitutional right to resti- tution…”
— Or. Rev. Stat. § 147.500(13) — 2 cases
State v. Sperou, 442 P.3d 581 (Or. 2019).
“But we disagree with the state's contention that, because SC indisputably was a "victim" for purposes of Article I, section 42, and ORS 147.500, the use of that term by the state's witnesses could not have presented a vouching problem.”
State v. Lorenzo, 459 P.3d 268 (Or. Ct. App. 2020).
“3 Nor does the statutory scheme enacted by the legislature to effectuate crime vic- tims’ constitutional rights, ORS 147.500 to 147.550, indicate the legislature’s intent that a crime victim be treated as a party in criminal proceedings.”
— Or. Rev. Stat. § 147.500(5)(e) — 1 case
State v. Barrett, 255 P.3d 472 (Or. 2011).
“The legislature did so in ORS 147.500 et seq. *394 One statute that the legislature enacted requires that, at the beginning of any “critical stage” of a criminal proceeding, the prosecutor must inform the trial court about whether the victim has requested advance notice and been…”
— Or. Rev. Stat. § 147.500(9) — 1 case
State v. Castillo, 495 P.3d 191 (Or. Ct. App. 2021).
“When the district attorney does not present evidence of the victim’s damages within 90 days after entry of judgment and does not request or receive a good cause extension of time in which to do so, the victim may effectuate his or her constitutional right to resti- tution…”
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