(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) "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.
(5) "Counseling" has the meaning given that term by the department by rule.
(6) "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.
(7) "Department" means the Department of Justice.
(8) "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.
(9) "Injury" means abuse of a corpse or actual bodily harm and, with respect to a victim, includes pregnancy and mental or nervous shock.
(10) "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.
(11) "Involved in the hearing" and "involved in the oral argument" have the meaning given those terms by the department by rule.
(12) "Law enforcement official" means a sheriff, constable, marshal, municipal police officer or member of the Oregon State Police and such other persons as may be designated by law as a peace officer.
(13) "Reduction" has the meaning given that term in ORS 97.010.
(14) "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.
(15) "Survivor" means any spouse, parent, grandparent, guardian, sibling, child or other immediate family member or household member of a deceased victim.
(16) "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]
Note: The amendments to 147.005 by section 26, chapter 296, Oregon Laws 2021, become operative July 1, 2022. See section 33, chapter 296, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
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) "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.
(5) "Counseling" has the meaning given that term by the department by rule.
(6) "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.
(7) "Department" means the Department of Justice.
(8) "Funeral expenses" means expenses of the funeral, burial, cremation 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.
(9) "Injury" means abuse of a corpse or actual bodily harm and, with respect to a victim, includes pregnancy and mental or nervous shock.
(10) "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.
(11) "Involved in the hearing" and "involved in the oral argument" have the meaning given those terms by the department by rule.
(12) "Law enforcement official" means a sheriff, constable, marshal, municipal police officer or member of the Oregon State Police and such other persons as may be designated by law as a peace officer.
(13) "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.
(14) "Survivor" means any spouse, parent, grandparent, guardian, sibling, child or other immediate family member or household member of a deceased victim.
(15) "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.