147.520
Resolution of claim when response not filed. (1) If a response to the order to show cause issued
under ORS 147.517 is not timely filed, the court shall:
(a) Make factual
findings supported by the record; and
(b) Determine
whether the factual findings constitute a violation of a right granted to the
victim by section 42 or 43, Article I of the Oregon Constitution.
(2) If the court
determines that the victim’s rights:
(a) Have been
violated, except as provided in paragraph (c) of this subsection, the court
shall issue an order after giving due consideration to the proposed remedy.
(b) Have not been
violated, the court shall issue an order denying relief.
(c) Have been
violated but that the Oregon Constitution or the United States Constitution
prohibits all appropriate remedies or that the court has suspended the rights
of the victim under ORS 147.517 (4)(b), the court shall issue an order denying
relief.
(3) The order
issued under subsection (2) of this section must be in writing and, except as
provided in ORS 147.517 (4)(b)(B), must include the reasons relief was granted
or denied.
(4) The court
shall provide a copy of the order issued under subsection (2) of this section
to the victim, the prosecuting attorney, the defendant and any person against
whom relief was ordered at the mailing address provided under ORS 147.517
(1)(a). [2009 c.178 §8]
Note: See note under 147.500.
Notes of Decisions
Cited in
5
cases, 2011–2020 · leading case:
State v. Barrett, 255 P.3d 472 (Or. 2011).
State v. Barrett, 255 P.3d 472 (Or. 2011).
· cites it 2× “ORS 147.520 (directing court to resolve claims where no response has been timely filed).”
State v. Algeo, 311 P.3d 865 (Or. 2013).
“537 if the order was issued under ORS 147.520 or 147.530 in a criminal proceeding in which a defendant is charged with a felony or a person Class A misdemeanor * * *.”
State v. Lynch, 469 P.3d 800 (Or. Ct. App. 2020).
“ORS 147.520 (directing the court to resolve claims where no response has been timely filed).”
State v. Bray, 279 P.3d 216 (Or. 2012).
· cites it 2× “After issuance of the order to show case, "a victim, the prosecuting attorney, the defendant or any person against whom relief is requested may contest the claim by filing a response.”
State v. Bray, 291 P.3d 727 (Or. 2012).
“515 (establishing mechanism for victim “to allege a violation of a right granted to the victim in a criminal proceeding by section 42 or 43, Article I of the Oregon Constitution”); ORS 147.520(l)(b) (if no party responds to claim of violation of victim’s rights, trial court must…”
— Or. Rev. Stat. § 147.520(l)(b) — 1 case
State v. Bray, 291 P.3d 727 (Or. 2012).
“515 (establishing mechanism for victim “to allege a violation of a right granted to the victim in a criminal proceeding by section 42 or 43, Article I of the Oregon Constitution”); ORS 147.520(l)(b) (if no party responds to claim of violation of victim’s rights, trial court must…”
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