§ 147.433 — Rights afforded upon request; notice; attendance; protection

Oregon § 147.433

• Jurisdiction: Oregon
• Vol.: 4
• Title 14: Procedure in Criminal Matters Generally
• Ch. 147: Victims of Crime and Acts of Mass Destruction

Text

(1) To accord crime victims due dignity and respect, a victim in a criminal proceeding described in subsection (2) of this section has, upon request to the district attorney before a judgment of conviction is entered, the following rights:
(a) The right to be notified by the district attorney of the victims’ rights described in this section and ORS 138.627 and 144.750;
(b) The right to reasonable, accurate and timely notice from the Attorney General when an appeal is taken in the criminal proceeding;
(c) The right to reasonable, accurate and timely notice from the counsel for the state when a conviction in the criminal proceeding is the subject of a petition for post-conviction relief filed under ORS 138.510 to 138.680 or post-conviction DNA (deoxyribonucleic acid) testing under ORS 138.688 to 138.700;
(d) The right to attend any public hearing related to the criminal proceeding that is conducted by an appellate court; and
(e) The right to be reasonably protected from the offender, if the offender is present, at any related appellate or post-conviction relief proceeding.
(2) The provisions of this section apply only to criminal proceedings involving a defendant charged with or convicted of:
(a) A person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission;
(b) A person Class A misdemeanor, as that term is defined in the rules of the Oregon Criminal Justice Commission;
(c) Burglary in the first degree under ORS 164.225;
(d) A sex crime as defined in ORS 163A.005; or
(e) An attempt, conspiracy or solicitation to commit a crime described in paragraph (a) or (b) of this subsection.
(3) As used in this section, “victim” has the meaning given that term in ORS 131.007.

Legislative History

2010 c.89 §1; 2019 c.368 §11