Oregon Statutes 147.433 – Rights afforded upon request; notice; attendance; protection
(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:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 147.433
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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. [2010 c.89 § 1; 2019 c.368 § 11]
147.433 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.