Bill Text: OR SB38 | 2011 | Regular Session | Introduced

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Bill Title: Relating to crime victims' compensation; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB38 Detail]

Download: Oregon-2011-SB38-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 861

                         Senate Bill 38

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 Attorney General John
  Kroger for Department of Justice)

                             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 Department of Justice crime victims' compensation
program.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to crime victims' compensation; creating new provisions;
  amending ORS 147.005, 147.015, 147.025 and 147.035; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 147.035 is amended to read:
  147.035.   { - (1) Losses compensable under ORS 135.905 and
147.005 to 147.367 resulting from death or injury to a victim
include: - }
    { - (a) In the case of injury: - }
    { - (A) Reasonable medical and hospital expenses, including
psychiatric, psychological or counseling expenses and further
including, in cases of: - }
    { - (i) Child sexual abuse, rape of a child and exploitation
described in ORS 419B.005 (1)(a)(C), (D) or (E), counseling
expenses of the victim's family up to a maximum amount of
$20,000; - }
    { - (ii) Domestic violence, as defined in ORS 135.230,
counseling expenses of children who witnessed the domestic
violence up to a maximum amount of $10,000; or - }
    { - (iii) International terrorism, counseling expenses of a
relative of the victim up to a maximum amount of $1,000; - }
    { - (B) Loss of earnings, not exceeding $400 per week up to a
maximum amount of $20,000; - }
    { - (C) Rehabilitation up to a maximum amount of $4,000;
and - }
    { - (D) Transportation for medical care and mental health
counseling when the treatment is compensable under this section,
the treatment is provided more than 30 miles away from the
victim's residence and adequate treatment is not available closer
to the victim's residence. Payment will be made at a rate set by
the Department of Justice up to a maximum amount of $3,000. - }
    { - (b) In the case of death: - }
    { - (A) Reasonable funeral expenses up to a maximum amount of
$5,000; - }
    { - (B) Reasonable medical and hospital expenses up to a
maximum amount of $20,000; - }
    { - (C) Loss of support to the dependents of the victim not
exceeding $400 per week up to a maximum amount of $20,000, less
any amounts paid for loss of earnings; - }
    { - (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) Transportation for mental health counseling when the
treatment is compensable under this section, the treatment is
provided more than 30 miles away from the survivor's or
dependent's residence and adequate treatment is not available
closer to the survivor's or dependent's residence. Payment will
be made at a rate set by the Department of Justice up to a
maximum amount of $3,000. - }
    { - (2) Compensable losses do not include: - }
    { - (a) Pain and suffering or property damage; or - }
    { - (b) Aggregate damages to the victim and to the dependents
of a victim exceeding $47,000. - }
    { - (3) Notwithstanding subsections (1) and (2) of this
section, in the case of abuse of corpse in any degree, losses
compensable under ORS 135.905 and 147.005 to 147.367 resulting
from the abuse of the corpse may include: - }
   { +  (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 to a
victim or a survivor or dependent of a deceased victim under ORS
147.005 to 147.367 is $20,000. 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 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.
  (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  { - ; or - }  { + . + }
  (b) Reasonable counseling expenses for emotional
distress { + , + } up to a maximum amount of $5,000 for each
incident.
    { - (4) - }  { +  (7) + } If the case against the assailant
of the victim is under direct or collateral review  { - ,
compensable losses may include: - }  { +  and the victim,
survivor or dependent attends the hearing or oral argument,
compensation may be awarded for: + }
  (a)   { - Crime-related - }  { +  The victim's, survivor's or
dependent's + } counseling expenses up to a maximum { +
amount + } of $5,000;   { - or - }  { +  and + }
  (b) Other expenses related to the review, including
transportation and lodging necessary for the victim { + ,
survivor or dependent + } to attend hearings and oral arguments,
up to a maximum  { +  amount + } of $3,000.
    { - (5) - }  { +  (8) + } If the assailant of the victim has
a   { - parole - } hearing scheduled before the State Board of
Parole and Post-Prison Supervision  { - , compensable losses may
include: - }  { +  or the Psychiatric Security Review Board and
the victim, survivor or dependent attends the hearing,
compensation may be awarded for: + }
  (a)   { - Crime-related - }   { + The victim's, survivor's or
dependent's + } counseling expenses up to a maximum
 { + amount + } of $5,000;   { - or - }  { +  and + }
  (b) Other expenses related to the hearing, including
transportation and lodging necessary for the victim { + ,
survivor or dependent + } to attend the hearing, up to a
maximum { +  amount + } of $3,000.
    { - (6) - }   { + (9) + }   { - Except as provided in
subsections (7) to (10) of this section, - }  A claim for
 { - benefits - }  { +  compensation + } expires and no further
payments may be made with regard to the claim { + :

  (a) + } When three years have elapsed   { - since - }  { +
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 { + . + }  { - , whichever comes later. The
extension of benefits and payments until the victim, survivor or
dependent attains 21 years of age applies to claims filed on or
after August 4, 1991. - }
    { - (7) - }  { +  (10) Notwithstanding subsection (9) of this
section:
  (a) + } If the victim has suffered catastrophic injuries, a
claim for   { - benefits - }  { +  compensation + } and payments
may continue beyond the period described in subsection
 { - (6) - }  { +  (9) + } of this section. The department
 { - of Justice - }  shall adopt rules defining catastrophic
injuries and establishing the length of time that a claim for
  { - benefits - }  { +  compensation + } and payments may
continue.
    { - (8) - }  { +  (b) + } In cases of homicide, a claim for
reasonable counseling expenses for   { - surviving family
members - }  { +  survivors + } may continue until five years
have elapsed from the date of the determination order.
    { - (9) Claims described in subsection (4) of this
section: - }
    { - (a) May be submitted each time an assailant's case is
under direct or collateral review; and - }
    { - (b) Do not expire until six months after the completion
of the direct or collateral review. - }
    { - (10) Claims described in subsection (5) of this section
do not expire until the earlier of six months after the parole
hearing for which the application was submitted or the
assailant's release. - }
   { +  (c) 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.
  (d) 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) The department shall adopt rules 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. { +  ORS 147.035 (9) applies only to claims filed on
or after August 4, 1991. + }
  SECTION 3. ORS 147.015 is amended to read:
  147.015. A person is eligible for an award of compensation
under ORS   { - 135.905 and - }  147.005 to 147.367 if:
  (1) The person is a victim, or is a survivor or dependent of a
deceased victim { + , + } of a compensable crime that has
resulted in or may result in a compensable loss;
  (2) The appropriate law enforcement officials were notified of
the perpetration of the crime allegedly causing the death or
injury to the victim within 72 hours after its perpetration,
unless the Department of Justice finds good cause exists for the
failure of notification;
  (3) The applicant has cooperated fully with law enforcement
officials in the apprehension and prosecution of the assailant or
the department has found that the applicant's failure to
cooperate was for good cause;
  (4) The application for compensation is not the result of
collusion between the applicant and the assailant of the victim;
  (5) The death or injury to the victim was not substantially
attributable to the wrongful act of the victim or substantial
provocation of the assailant of the victim; and
  (6) The application for an award of compensation under ORS
  { - 135.905 and - }  147.005 to 147.367 is filed with the
department:
  (a) Within   { - six months - }  { +  one year + } of the date
of the injury to the victim; or
  (b) Within such further extension of time as the department for
good cause shown, allows.
  SECTION 4. ORS 147.025 is amended to read:
  147.025. (1) Notwithstanding that a person is not a victim or a
dependent of a deceased victim under ORS 147.015 (1), the person
is eligible for compensation for reasonable medical expenses for
the victim and for reasonable funeral expenses of the deceased
victim if the person:
  (a) Paid or incurred such expenses; and
  (b) Files a claim in the manner provided in ORS 147.105 and the
conditions in ORS 147.015 (2) to (6) are met.
  (2) Notwithstanding that a person is not a survivor or
dependent of a deceased victim under ORS 147.015 (1), the person
is eligible for compensation for reasonable counseling expenses
up to a maximum amount of $500 if the person:
  (a) Paid or incurred such expenses;
  (b) Was a friend or acquaintance of the victim;
  (c) Was the first person to discover the corpse of the victim;
and
  (d) Files a claim in the manner provided in ORS 147.105 and the
conditions in ORS 147.015 (2) to (6) are met.
   { +  (3) Notwithstanding that a person is not a victim or a
survivor or dependent of a deceased victim under ORS 147.015 (1),
the person is eligible for the compensation described in ORS
147.035 (7) and (8) if:
  (a) The person is the personal representative, as defined by
the Department of Justice by rule, of a victim or of a survivor
or dependent of a deceased victim;
  (b) The person attends the hearing or oral argument in lieu of
the victim, survivor or dependent; and
  (c) The person files a claim in the manner provided in ORS
147.105 and the conditions in ORS 147.015 (2) to (6) are met. + }
    { - (3) - }  { +  (4) + } The Department of Justice may pay
directly to the provider of the services compensation for
medical, funeral or counseling expenses incurred by the person.
  SECTION 5. ORS 147.005 is amended to read:
  147.005. As used in ORS   { - 135.905 and - }  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   { - 135.905
and - } 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 or
an intentional, knowing { + , + }   { - or - }  reckless  { + or
criminally negligent + } act that results in serious bodily
injury or death of another person and   { - which - }  { +
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. + }
    { - (5) - }  { +  (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.
    { - (6) - }   { + (7) + } 'Department' means the Department
of Justice.
    { - (7) - }  { +  (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.
    { - (8) - }   { + (9)  + } ' Injury' means abuse of a corpse
or actual bodily harm and, with respect to a victim, includes
pregnancy and mental or nervous shock.
    { - (9) - }  { +  (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.
    { - (10) - }  { +  (11) + } '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.
    { - (11) - }  { +  (12) + } '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.
    { - (12) - }  { +  (13) + } 'Survivor' means any spouse,
parent, grandparent, guardian, sibling, child or other immediate
family member or household member of a deceased victim.
    { - (13) - }  { +  (14) + } '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 6.  { + The amendments to ORS 147.005, 147.015, 147.025
and 147.035 by sections 1, 3, 4 and 5 of this 2011 Act apply to
applications for compensation filed on or after the effective
date of this 2011 Act. + }
  SECTION 7.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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