upon the amounts had the notice been given. [2005 c.383 �9]

147.285 upon the amounts had the notice been given. [2005 c.383 �9]

����� 147.298 Where action may be initiated. The Department of Justice may initiate an action under ORS 147.294 and 147.296 in the circuit court for Marion County, the county where the compensable crime occurred or the county in which any party bound by the judgment, settlement or compromise resides. [2005 c.383 �10]

(Miscellaneous Provisions)

����� 147.305 Effect of criminal conviction on compensation proceedings. If any person is convicted of a crime based on a compensable crime for which application for compensation is made, proof of the conviction shall be conclusive evidence that the crime was committed. [1977 c.376 �11]

����� 147.315 Charging fees to applicants prohibited. No fee may be charged to the applicant in any proceeding under ORS 147.005 to 147.367. [1977 c.376 �17; 2012 c.81 �17]

����� 147.325 Compensation not subject to assignment or legal process prior to receipt by beneficiary. No compensation payable under ORS 147.005 to 147.367 shall, prior to actual receipt thereof by the person or beneficiary eligible therefor, or their legal representatives, be assignable or subject to execution, garnishment, attachment or any other process, including process to satisfy an order or judgment for support or alimony. [1977 c.376 �18; 1991 c.862 �8; 2012 c.81 �18]

����� 147.335 Compensation rights not to survive beneficiary; death of beneficiary after filing of application. The rights to compensation created by ORS 147.005 to 147.367 are personal and shall not survive the death of the person or beneficiary eligible therefor. However, if such death occurs after an application for compensation has been filed with the Department of Justice, the proceeding shall not abate, but may be continued by the legal representative of the decedent�s estate. [1977 c.376 �19; 1991 c.862 �9; 2012 c.81 �19]

����� 147.345 State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement. (1) The acceptance of an award made pursuant to ORS 147.005 to 147.367 shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant or recipient against the assailant or any other person or entity liable for the injury constituting the basis for the award.

����� (2)(a) On behalf of the state, the Department of Justice may bring suit against an assailant to recover the amount of compensation paid to an applicant or recipient of an award made pursuant to ORS 147.005 to 147.367 as a result of the assailant�s commission of a compensable crime. Before initiating a suit under this subsection, the Department of Justice must notify the applicant or recipient that the Department of Justice is going to initiate a suit. A suit under this subsection does not affect any right or right of action accruing to the applicant or recipient against the assailant for the injury constituting the basis for the award, except that the assailant may be able to offset payments made to the Department of Justice against any award to the applicant or recipient for the same damages. The assailant also may offset any payments the assailant has made to the applicant or recipient for the same damages against any recovery by the Department of Justice under this subsection.

����� (b) In a suit under this subsection, the Department of Justice may recover attorney fees and costs of suit.

����� (c) Each separate payment of compensation under ORS 147.005 to 147.367 creates a cause of action under this subsection.

����� (3) Any settlement of a right or right of action against the assailant or any other person or entity by the victim or the dependent of the victim based on the compensable crime must be approved by the Department of Justice if the department has made an award to the victim or the dependent of the victim. If the settlement is not approved by the department, the department may void the settlement. [1977 c.376 �20; 1987 c.770 �8; 2001 c.371 �1; 2012 c.81 �20]

����� 147.355 [1977 c.376 �21; 2003 c.576 �389; repealed by 2005 c.383 �13]

����� 147.365 Law enforcement agencies to inform crime victims of compensation procedure; agencies not civilly liable for failure to comply. (1) All law enforcement agencies in this state shall deliver cards to victims of crime stating the procedure to be followed in applying for compensation under ORS 147.005 to 147.367.

����� (2) No law enforcement agency shall be civilly liable for a failure to comply with subsection (1) of this section. [1977 c.376 �27; 2012 c.81 �21]

SERVICES TO VICTIMS OF ACTS OF MASS DESTRUCTION

����� 147.367 Services to victims of acts of mass destruction; Department of Justice. (1) The Department of Justice may initiate and participate in planning, training and organizational efforts intended to prepare to deliver services to individuals traumatized by an act of war, terrorism or sabotage or a criminal act that results in the death of, or physical injury to, numerous individuals or that results in the massive destruction of property.

����� (2) The department may assist in delivering services to individuals traumatized by an act of war, terrorism or sabotage or a criminal act that results in the death of, or physical injury to, numerous individuals or that results in the massive destruction of property. [2003 c.770 �11]

����� 147.375 [1987 c.241 �1; repealed by 2003 c.789 �10]

SERVICES FOR VICTIMS OF BIAS CRIMES

����� 147.380 Service referral for bias incidents; telephone hotline; response coordinator; rules. (1) As used in this section:

����� (a) �Bias crime� means the commission, attempted commission or alleged commission of an offense described in ORS 166.155 or 166.165.

����� (b) �Bias incident� means a person�s hostile expression of animus toward another person, relating to the other person�s perceived race, color, religion, gender identity, sexual orientation, disability or national origin, of which criminal investigation or prosecution is impossible or inappropriate. �Bias incident� does not include any incident in which probable cause of the commission of a crime is established by the investigating law enforcement officer.

����� (c) �Hate crimes hotline� means the telephone hotline established by the Department of Justice under subsection (3) of this section.

����� (d) �Local victims� services� means services provided to a victim of a bias crime or bias incident, including but not limited to safety planning, trauma management and data reporting, by an entity located in the same geographic area as the law enforcement agency that responds to the bias crime or bias incident.

����� (2)(a) A law enforcement agency that responds to a report of a bias incident shall refer the victim of the bias incident to qualifying local victims� services.

����� (b) The Department of Justice shall by rule designate qualifying local victims� services.

����� (c) If qualifying local victims� services are unavailable, the law enforcement agency shall refer the victim of the bias incident to the hate crimes hotline.

����� (3) The Department of Justice shall establish a staffed hate crimes telephone hotline dedicated to assisting the victims of bias crimes and bias incidents.

����� (4) There is created in the Department of Justice the position of Hate Crimes Response Coordinator. The Hate Crimes Response Coordinator shall:

����� (a) Respond to all reports of bias crimes and bias incidents made to the hate crimes hotline.

����� (b) Provide assistance to victims of bias crimes and bias incidents that is culturally competent and designed to reduce the effects of trauma, prevent further trauma and reach a diverse community.

����� (c) Assist with safety planning for victims of bias crimes and bias incidents.

����� (d) Coordinate with local nongovernmental organizations and service providers in assisting victims of bias crimes and bias incidents.

����� (e) Develop training for nongovernmental organizations and service providers to standardize methods for assisting victims of bias crimes and bias incidents.

����� (5)(a) The Department of Justice shall:

����� (A) In coordination with the Oregon Criminal Justice Commission, develop a standardized intake process for all reports of bias crimes and bias incidents made to the department.

����� (B) Collect all data possible concerning the character, location and impacted protected class of any bias crime or bias incident reported to the department.

����� (C) Report to the commission continually and at least quarterly all data collected pursuant to this subsection.

����� (b) The data reported to the commission under this subsection may not contain information that might reveal the identity of any individual.

����� (6) Any data collected by the Department of Justice under this section that might reveal the identity of any individual is exempt from public disclosure.

����� (7) The Department of Justice may adopt rules to carry out the provisions of this section. [2019 c.553 �8; 2023 c.549 �6]

����� Note: 147.380 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.

����� 147.385 Training program for victim assistance program employees. No later than January 1, 2025, the Department of Justice shall develop and begin delivering a training program for employees of district attorney victim assistance programs to assist the employees with providing services to victims of bias crimes as defined in ORS