ORS 147.005: Definitions.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
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) “Cleaning expenses” means expenses reasonably related to the cleaning of, and the removal of any organic or inorganic matter from, a private residence or place of business due to physical injury to or the death of a person, or conduct that caused physical injury to or the death of a person. (5) “Compensable crime” means abuse of corpse in any degree or an intentional, knowing, reckless or criminally negligent act that results in 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. (6) “Counseling” has the meaning given that term by the department by rule. (7) “Department” means the Department of Justice. (8) “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. (9) “Funeral expenses” means expenses of the funeral, burial, cremation, reduction 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. (10) “Injury” means abuse of a corpse, actual bodily harm, mental or emotional harm and, with respect to a victim, includes pregnancy and mental or nervous shock. (11) “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. (12) “Involved in the hearing” and “involved in the oral argument” have the meaning given those terms by the department by rule. (13) “Law enforcement official” means a sheriff, constable, marshal, municipal police officer, police officer commissioned by a university under ORS 352.121 or 353.125 or member of the Oregon State Police and such other persons as may be designated by law as a peace officer. (14) “Reduction” has the meaning given that term in ORS 97.010. (15) “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. (16) “Survivor” means any spouse, parent, grandparent, guardian, sibling, child or other immediate family member or household member of a deceased victim, or a person to whom a deceased victim was engaged to be married when the compensable crime occurred. (17) “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. [1977 c.376 §1; 1985 c.552 §4; 1987 c.770 §1; 1989 c.542 §1; 1993 c.294 §7; 1997 c.289 §1; 2003 c.351 §1; 2011 c.125 §5; 2013 c.720 §8; 2021 c.296 §26; 2023 c.318 §1; 2025 c.2 §5]
Administrative rules citing this section
- OAR 137-068-0010: Definitions — implements
- OAR 137-068-0010: Definitions — authority
- OAR 137-068-0020: Eligibility — implements
- OAR 137-068-0020: Eligibility — authority
- OAR 137-068-0030: Application Process — implements
- OAR 137-068-0030: Application Process — authority
- OAR 137-068-0040: Financial Information — implements
- OAR 137-068-0040: Financial Information — authority
- OAR 137-068-0050: Dual Reports, Confidentiality and Department Review — implements
- OAR 137-068-0050: Dual Reports, Confidentiality and Department Review — authority
- OAR 137-076-0010: Definitions — implements
This rule cites
- ORS 147.005 — resolved
- 147.367 — resolved
- ORS 147.025 — resolved
- ORS 352.121 — resolved
- 353.125 — resolved
- ORS 97.010 — resolved
Cited by
- ORS 135.139: Notice of availability of testing for HIV and other communicable diseases to person charged with crime; when court may order test; victim’s rights; disclosure of test results; penalties.
- ORS 147.015: Eligibility for compensation generally; rules.
- ORS 147.035: Compensable losses; expiration of claim; rules.
- ORS 147.065: Limitation on time for commencing action for compensable crime.
- ORS 147.105: Application for compensation; contents; additional information or materials; amended applications; effect of incarceration of applicant.
- ORS 147.115: Confidentiality of application information; board proceedings; use of record; witnesses before board.
- ORS 147.135: Processing compensation application; order; contents.
- ORS 147.165: Payment of awards; awards to minors and incompetents.
- ORS 147.205: Authority of Department of Justice; assistance from other agencies; examination of victims; reports to Governor and Legislative Assembly; rules.
- ORS 147.215: Attorney General as legal adviser to department; assistance by governmental agencies.
- ORS 147.225: Criminal Injuries Compensation Account.
- ORS 147.227: Disbursement of moneys to be used for victims’ assistance programs; qualifications; rules.
- ORS 147.240: Department of Justice to submit claims to account for payment of awards.
- ORS 147.281: Definitions.
- ORS 147.315: Charging fees to applicants prohibited.
- ORS 147.325: Compensation not subject to assignment or legal process prior to receipt by beneficiary.
- ORS 147.335: Compensation rights not to survive beneficiary; death of beneficiary after filing of application.
- ORS 147.345: State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement.
- ORS 147.365: Law enforcement agencies to inform crime victims of compensation procedure; agencies not civilly liable for failure to comply.
- OAR 137-076-0005: Scope of Rules
- OAR 137-076-0010: Definitions
- OAR 137-076-0016: Eligibility Criteria
- OAR 137-076-0019: Fee Schedules
- OAR 137-076-0025: Lost Earnings and Loss of Support Compensation
- OAR 137-078-0030: Program Content: Core Services
- OAR 137-080-0005: Definitions
- OAR 137-080-0030: Contracts with Convicted Persons to Tell Story of Crime
- OAR 291-081-0060: Conditions of AIC Participation in the PS/PIE Program
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors147.html