Bill Text: OR HB3213 | 2013 | Regular Session | Introduced
Bill Title: Relating to crime victims' compensation; declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3213 Detail]
Download: Oregon-2013-HB3213-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2803
House Bill 3213
Sponsored by Representative HICKS; Representatives BARTON, DAVIS,
REARDON, WEIDNER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Adds financial loss from recovering stolen vehicle to list of
injuries compensable under crime victims' compensation program.
Authorizes compensation up to $500 for towing, impoundment and
related fees.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime victims' compensation; creating new provisions;
amending ORS 147.005 and 147.035; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 147.005 is amended to read:
147.005. As used in ORS 147.005 to 147.367 unless the context
requires otherwise:
(1) 'Applicant' means:
(a) Any victim of a compensable crime who applies to the
Department of Justice for compensation under ORS 147.005 to
147.367;
(b) Any person who was a dependent of a deceased victim at the
time of the death of that victim;
(c) Any person who is a survivor of a deceased victim; or
(d) Any person eligible for compensation under ORS 147.025.
(2) 'Board' means the Workers' Compensation Board.
(3) 'Child' means an unmarried person who is under 18 years of
age and includes a posthumous child, stepchild or an adopted
child.
(4) 'Compensable crime' means abuse of corpse in any
degree { + , theft or unauthorized use of a vehicle + } or an
intentional, knowing, reckless or criminally negligent act that
results in serious bodily injury or death of another person and
that, if committed by a person of full legal capacity, would be
punishable as a crime in this state.
(5) 'Counseling' has the meaning given that term by the
department by rule.
(6) 'Dependent' means such relatives of a deceased victim who
wholly or partially were dependent upon the victim's income at
the time of death or would have been so dependent but for the
victim's incapacity due to the injury from which the death
resulted.
(7) 'Department' means the Department of Justice.
(8) 'Funeral expenses' means expenses of the funeral, burial,
cremation or other chosen method of interment, including plot or
tomb and other necessary incidents to the disposition of the
remains and also including, in the case of abuse of corpse in any
degree, reinterment.
(9) 'Injury' means abuse of a corpse { + , financial loss
resulting from theft or unauthorized use of a vehicle + } or
actual bodily harm and, with respect to a victim, includes
pregnancy and mental or nervous shock.
(10) 'International terrorism' means activities that:
(a) Involve violent acts or acts dangerous to human life that
are a violation of the criminal laws of the United States or any
state or that would be a criminal violation if committed within
the jurisdiction of the United States or of any state;
(b) Appear to be intended to:
(A) Intimidate or coerce a civilian population;
(B) Influence the policy of a government by intimidation or
coercion; or
(C) Affect the conduct of a government by assassination or
kidnapping; and
(c) Occur primarily outside the territorial jurisdiction of the
United States or transcend national boundaries in terms of the
means by which they are accomplished, the persons they appear
intended to intimidate or coerce, or the locale in which their
perpetrators operate or seek asylum.
(11) 'Involved in the hearing' and 'involved in the oral
argument' have the meaning given those terms by the department by
rule.
(12) 'Law enforcement official' means a sheriff, constable,
marshal, municipal police officer or member of the Oregon State
Police and such other persons as may be designated by law as a
peace officer.
(13) 'Relative' means a person related to the victim within the
third degree as determined by the common law, a spouse, or an
individual related to the spouse within the third degree as so
determined and includes an individual in an adoptive
relationship.
(14) 'Survivor' means any spouse, parent, grandparent,
guardian, sibling, child or other immediate family member or
household member of a deceased victim.
(15) 'Victim' means:
(a) A person:
(A) Killed or injured in this state as a result of a
compensable crime perpetrated or attempted against that person;
(B) Killed or injured in this state while attempting to assist
a person against whom a compensable crime is being perpetrated or
attempted, if that attempt of assistance would be expected of a
reasonable person under the circumstances;
(C) Killed or injured in this state while assisting a law
enforcement official to apprehend a person who has perpetrated a
crime or to prevent the perpetration of any such crime, if that
assistance was in response to the express request of the law
enforcement official;
(D) Killed or injured in another state as a result of a
criminal episode that began in this state;
(E) Who is an Oregon resident killed or injured as a result of
a compensable crime perpetrated or attempted against the person
in a state, within the United States, without a reciprocal crime
victims' compensation program; or
(F) Who is an Oregon resident killed or injured by an act of
international terrorism committed outside the United States; or
(b) In the case of abuse of corpse in any degree, the corpse or
a relative of the corpse.
SECTION 2. ORS 147.035 is amended to read:
147.035. (1)(a) Except as otherwise provided in ORS 147.025 and
147.390, compensation may be awarded under ORS 147.005 to 147.367
only for losses described in this section.
(b) The maximum amount of compensation that may be awarded, in
aggregate, to the victim and the survivors and dependents of a
deceased victim is $47,000.
(c) When a compensable crime results in:
(A) Injury to a victim, the losses described in subsections
(2), (4), (7) and (8) of this section are compensable.
(B) Death to a victim, the losses described in subsections (3),
(4), (6), (7) and (8) of this section are compensable.
(2) When a claim for compensation is filed in a case of injury,
compensation may be awarded for:
(a) The victim's reasonable medical and hospital expenses,
including counseling expenses, up to a maximum amount of $20,000;
(b) Loss of the victim's earnings, at a maximum rate of $400
per week, up to a maximum amount of $20,000;
(c) The victim's rehabilitation expenses, up to a maximum
amount of $4,000; { - and - }
{ + (d) Expenses related to recovery of a stolen vehicle,
including towing and impoundment fees, up to a maximum amount of
$500; and + }
{ - (d) - } { + (e) + } Expenses related to transportation
for the victim's medical care or counseling, at a rate determined
by the Department of Justice, up to a maximum amount of $3,000,
when:
(A) The medical care or counseling is compensable under this
section;
(B) The medical care or counseling is provided more than 30
miles away from the victim's residence; and
(C) Adequate medical care or counseling is not available in
closer proximity to the victim's residence.
(3) When a claim for compensation is filed in a case of death,
compensation may be awarded for:
(a) Reasonable funeral expenses, up to a maximum amount of
$5,000;
(b) The victim's reasonable medical and hospital expenses, up
to a maximum amount of $20,000;
(c) Loss of support to the dependents of the victim, at a
maximum rate of $400 per week, up to a maximum amount of $20,000,
less any amounts awarded for loss of earnings under subsection
(2)(b) of this section;
(d) Reasonable counseling expenses for the survivors of a
deceased victim, up to a maximum amount of $20,000 for each
deceased victim; and
(e) Expenses related to transportation for a survivor's or a
dependent's counseling, at a rate determined by the department,
up to a maximum amount of $3,000, when:
(A) The counseling is compensable under this section;
(B) The counseling is provided more than 30 miles away from the
survivor's or dependent's residence; and
(C) Adequate counseling is not available in closer proximity to
the survivor's or dependent's residence.
(4) When a claim for compensation is filed in a case of:
(a) Rape of a child, child sexual abuse or sexual exploitation,
as those terms are described in ORS 419B.005 (1)(a)(C), (D) and
(E), counseling expenses of the victim's family are compensable
up to a maximum amount of $20,000, less any amounts awarded for
the victim's medical or hospital expenses under subsection (2)(a)
of this section.
(b) Domestic violence as defined in ORS 135.230, the counseling
expenses of children who witnessed the domestic violence are
compensable up to a maximum amount of $10,000.
(c) International terrorism, the counseling expenses of a
relative of the victim are compensable up to a maximum amount of
$1,000.
(5) Compensation may not be awarded under ORS 147.005 to
147.367 for pain and suffering or property damage { + except as
provided in subsection (2)(d) of this section + }.
(6) Notwithstanding subsections (2) to (5) of this section,
when a claim for compensation is filed in a case of abuse of
corpse in the first degree as defined in ORS 166.087 or abuse of
corpse in the second degree as defined in ORS 166.085,
compensation may be awarded for one or both of the following:
(a) Reasonable funeral expenses, up to a maximum amount of
$5,000.
(b) Reasonable counseling expenses for emotional distress, up
to a maximum amount of $5,000 for each incident.
(7) If the case against the assailant of the victim is under
direct or collateral review and the victim, survivor or dependent
is involved in the hearing or oral argument, compensation may be
awarded for:
(a) The victim's, survivor's or dependent's counseling expenses
up to a maximum amount of $5,000; and
(b) Other expenses related to the review, including
transportation and lodging necessary for the victim, survivor or
dependent to be involved in hearings and oral arguments, up to a
maximum amount of $3,000.
(8) If the assailant of the victim has a hearing scheduled
before the State Board of Parole and Post-Prison Supervision or
the Psychiatric Security Review Board and the victim, survivor or
dependent is involved in the hearing, compensation may be awarded
for:
(a) The victim's, survivor's or dependent's counseling expenses
up to a maximum amount of $5,000; and
(b) Other expenses related to the hearing, including
transportation and lodging necessary for the victim, survivor or
dependent to be involved in the hearing, up to a maximum amount
of $3,000.
(9) A claim for compensation expires and no further payments
may be made with regard to the claim:
(a) When three years have elapsed from the entry of a
determination order under ORS 147.135; or
(b) If the victim, survivor or dependent attains 21 years of
age after the date described in paragraph (a) of this subsection,
when the victim, survivor or dependent attains 21 years of age.
(10) Notwithstanding subsection (9) of this section:
(a) In cases of homicide, a claim for reasonable counseling
expenses for survivors may continue until five years have elapsed
from the date of the determination order.
(b) Claims described in subsection (7) of this section may be
filed each time an assailant's case is under direct or collateral
review and expire:
(A) If the assailant is released as a result of the direct or
collateral review, when six months have elapsed from the date the
assailant is released; or
(B) If the assailant is not released as a result of the direct
or collateral review, when six months have elapsed from the
completion of the review.
(c) Claims described in subsection (8) of this section may be
filed each time an assailant has a hearing before the State Board
of Parole and Post-Prison Supervision or the Psychiatric Security
Review Board and expire:
(A) If the assailant is denied parole, conditional release or
discharge, when six months have elapsed from the date of the
hearing.
(B) If the assailant is paroled, conditionally released or
discharged, when six months have elapsed from the date the
assailant is paroled, conditionally released or discharged.
(11) Notwithstanding subsections (2) and (9) of this section,
if a victim suffers catastrophic injuries:
(a) A claim for compensation and payments may continue beyond
the period described in subsection (9) of this section; and
(b) The department may award compensation for losses in excess
of the individual limitations described in subsection (2) of this
section, provided that the aggregate award does not exceed the
amount described in subsection (1)(b) of this section.
(12) The department shall adopt rules:
(a) Defining catastrophic injuries and establishing the length
of time that a claim for compensation and payments may continue
under subsection (11)(a) of this section.
(b) For medical fee schedules. The schedules shall represent at
least the 75th percentile of the usual and customary fees charged
to the public as determined by the department. An applicant or
victim may not be charged for the percentile amount reduced by
the department.
SECTION 3. { + The amendments to ORS 147.005 and 147.035 by
sections 1 and 2 of this 2013 Act apply only to compensation
claims for injuries occurring on or after the effective date of
this 2013 Act. + }
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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