Chapter 147

 

      Chapter 147

 

ATTY. GEN. OPINIONS: Primary resource fund where person, as result of single incident, becomes eligible for medical benefits from funds administered by Adult and Family Service Division, Motor Vehicle Accident Fund and Crime Victims’ Compensation Division, (1978) Vol 39, p 323

 

      147.005 to 147.365

 

ATTY. GEN. OPINIONS: Primary resource as between federally funded Aid to Dependent Children or state-funded General Assistance benefits and Crime Victims’ Compensation Program for payment of lost earnings compensation, (1987) Vol 46, p 1

 

      147.005 to 147.375

 

NOTES OF DECISIONS

 

      “Person” has same meaning as definition given to term by Criminal Code. State v. Spino, 143 Or App 619, 925 P2d 101 (1996)

 

      147.205

 

NOTES OF DECISIONS

 

      This section is specific and limited grant of authority to Department of Justice, and does not constitute a general grant of power to department to carry out purposes and provisions of ORS 147.275. Danmark Publishing, Inc. v. Dept. of Justice, 108 Or App 382, 816 P2d 629 (1991)

 

      147.255

 

ATTY. GEN. OPINIONS: Recovery of overpayments by Crime Victim Compensation Division, (1979) Vol 39, p 539

 

      147.275

 

NOTES OF DECISIONS

 

      Only remedy under this section is declaration that contract is null and void and Department of Justice may not fashion a remedy for voided terms of contract in form of new royalty and commission percentages. Danmark Publishing, Inc. v. Dept. of Justice, 108 Or App 382, 816 P2d 629 (1991)

 

      147.500 to 147.550

 

NOTES OF DECISIONS

 

      ORS 147.500 to 147.550 set forth procedures for crime victim to pursue remedy for violation of victim’s constitutional rights. State v. Thompson, 257 Or App 336, 306 P3d 731 (2013), Sup Ct review denied

 

      147.515

 

NOTES OF DECISIONS

 

      Resentencing of defendant as remedy for state violation of victim rights does not violate constitutional prohibition against double jeopardy. State v. Barrett, 350 Or 390, 255 P3d 472 (2011)

 

      30 day time limitation does not restrict trial court’s jurisdictional authority to hear victim’s claim. State v. Thompson, 257 Or App 336, 306 P3d 731 (2013), Sup Ct review denied