As used in ORS 147.500 to 147.550:
- (1) “Authorized prosecuting attorney” means a prosecuting attorney who, at the request of a victim, has agreed to assert and enforce a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution.
- (2) “Claim” means the allegation and proposed remedy described in ORS 147.515 (1).
- (3) “Crime” includes an act committed by a person who is under 18 years of age that, if committed by an adult, would constitute a misdemeanor or felony.
- (4) “Criminal proceeding” means an action at law in which a person is alleged, or has been adjudicated, to have committed a crime for which there is a victim and that is conducted in the trial court before or after sentencing or disposition.
(5) “Critical stage of the proceeding” means:
- (a) Release hearings or hearings to modify the conditions of release, except hearings concerning release decisions at arraignment;
- (b) Preliminary hearings;
- (c) Hearings related to the rescheduling of trial;
(d) Hearings on motions or petitions:
- (A) Conducted pursuant to ORS 40.210 or 135.139;
- (B) To amend, dismiss or set aside a charge, conviction, order or judgment; or
- (C) To suppress or exclude evidence;
- (e) Entry of guilty or no contest pleas;
- (f) Trial;
- (g) Restitution hearings;
- (h) Sentencing;
- (i) Probation violation or revocation hearings if the crime of conviction is a felony or person Class A misdemeanor and the victim has requested notice of the hearing from the prosecuting attorney or the supervisory authority as defined in ORS 144.087;
- (j) Hearings for relief from the requirement to report as a sex offender or for the reclassification of a sex offender;
- (k) Hearings related to a deferred sentencing agreement;
- (L) Hearings designated as a critical stage of the proceeding in ORS 419C.273; and
- (m) Any other stage of a criminal proceeding the court determines is a critical stage of the proceeding for purposes of section 42, Article I of the Oregon Constitution.
- (6) “Defendant” includes a person under 18 years of age alleged to be within the jurisdiction of the juvenile court under ORS chapter 419C.
- (7) “Plea hearing” means a hearing in which a defendant enters a plea of guilty or no contest.
(8) “Plea of guilty or no contest” includes:
- (a) An admission by a person under 18 years of age that the person is within the jurisdiction of the juvenile court; and
- (b) If a juvenile court petition has been filed, entering into a formal accountability agreement under ORS 419C.230 or entering an authorized diversion program under ORS 419C.225.
- (9) “Prosecuting attorney” means a district attorney as defined in ORS 131.005. In a criminal proceeding conducted in the juvenile court, “prosecuting attorney” includes the juvenile department.
- (10) “Reasonable efforts to inform the victim” includes, but is not limited to, providing information orally, in writing, electronically or by mail to the victim’s last known address.
- (11) “Sentencing hearing” includes the dispositional phase of a juvenile delinquency proceeding under ORS chapter 419C.
- (12) “Trial court” includes the juvenile court.
- (13) “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 the crime alleged in the criminal proceeding and, in the case of a victim who is a minor, the legal guardian of the minor.
- (14) “Violent felony” means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense.
Note: 147.500 to 147.550 were enacted into law by the Legislative Assembly but were 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.
[2009 c.178 §1; 2013 c.708 §15a]