(1) A victim in a criminal or juvenile delinquency proceeding has the following rights:

Terms Used In Oregon Statutes 147.430

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(a) The right to have the trial or adjudication, including the imposition and execution of the sentence or disposition, conducted with all practicable speed.

(b) The right to the prompt and final conclusion of the criminal or juvenile delinquency proceeding in any related appellate or post-judgment proceeding.

(2) The sole remedy for a violation of the rights described in subsection (1) of this section is for the trial or proceeding to promptly occur or for the sentence to be promptly imposed or executed. This remedy may not be imposed if the remedy would:

(a) Affect the defendant‘s due process right to adequately prepare and present a defense;

(b) Impair the right of the defendant to a fair and impartial hearing in accordance with the Oregon and United States Constitutions; or

(c) Impair the ability of the state to prepare and locate witnesses.

(3) Nothing in this section authorizes:

(a) The dismissal of a criminal or juvenile delinquency proceeding;

(b) The imposition of sanctions against the state or the defendant; or

(c) A court to sever into separate trials or proceedings a single charging instrument alleging criminal acts committed against multiple victims.

(4) Upon the victim’s request, the state may assert the rights of the victim on behalf of the victim.

(5) A victim who intends to assert a right described in this section must assert the right:

(a) Orally, at any critical stage of the proceedings as described in section 42, Article I of the Oregon Constitution; or

(b) In writing, after providing a copy to the parties.

(6) When a victim asserts a right described in this section, the court may hold a hearing or resolve the issue based on the record of the case.

(7) As used in this section, ‘victim’ means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. [2009 c.563 § 1]

 

147.430 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

  Previous section
Next section  
 Crime Victims Rights Contents