Bill Text: OR SB84 | 2013 | Regular Session | Introduced
Bill Title: Relating to crime.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB84 Detail]
Download: Oregon-2013-SB84-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 1108
Senate Bill 84
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
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.
Modifies amount of compensation victims of certain crimes may
be awarded.
A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
147.035.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 - } { + $50,000 + }.
(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 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 - } { + $4,000 + }.
(5) Compensation may not be awarded under ORS 147.005 to
147.367 for pain and suffering or property damage.
(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 2. { + The amendments to ORS 147.035 by section 1 of
this 2013 Act apply to crimes committed on or after the effective
date of this 2013 Act. + }
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