180.600, and the court finds good cause to suspend the rights established in section 42, Article I of the Oregon Constitution, the court shall enter an order suspending those rights. The order may not

180.600, and the court finds good cause to suspend the rights established in section 42, Article I of the Oregon Constitution, the court shall enter an order suspending those rights. The order may not include the facts that formed the basis of the suspension.

����� (C) The prosecuting attorney shall make a reasonable effort to provide notice of the suspension to the victim and the defendant.

����� (D) The response and affidavit described in this paragraph may not be disclosed and must be sealed and made a part of the record for purposes of appellate review. [2009 c.178 �7]

����� Note: See note under 147.500.

����� 147.520 Resolution of claim when response not filed. (1) If a response to the order to show cause issued under ORS 147.517 is not timely filed, the court shall:

����� (a) Make factual findings supported by the record; and

����� (b) Determine whether the factual findings constitute a violation of a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution.

����� (2) If the court determines that the victim�s rights:

����� (a) Have been violated, except as provided in paragraph (c) of this subsection, the court shall issue an order after giving due consideration to the proposed remedy.

����� (b) Have not been violated, the court shall issue an order denying relief.

����� (c) Have been violated but that the Oregon Constitution or the United States Constitution prohibits all appropriate remedies or that the court has suspended the rights of the victim under ORS 147.517 (4)(b), the court shall issue an order denying relief.

����� (3) The order issued under subsection (2) of this section must be in writing and, except as provided in ORS 147.517 (4)(b)(B), must include the reasons relief was granted or denied.

����� (4) The court shall provide a copy of the order issued under subsection (2) of this section to the victim, the prosecuting attorney, the defendant and any person against whom relief was ordered at the mailing address provided under ORS 147.517 (1)(a). [2009 c.178 �8]

����� Note: See note under 147.500.

����� 147.522 Issue that will have impact on trial; challenge to designation as victim or victim�s presence at trial. (1) A victim or prosecuting attorney who seeks a determination of an issue involving a right granted by section 42 or 43, Article I of the Oregon Constitution, that will impact the conduct of the trial shall file a motion within 35 days of the arraignment, or of the defendant�s entry of the initial plea on an accusatory instrument, whichever is sooner, unless the factual basis of the determination becomes known to the movant at a later time and could not reasonably have been discovered earlier, in which case the motion must be filed promptly.

����� (2) A defendant who seeks to challenge the designation of a person as a victim shall:

����� (a) File a response to a claim under ORS 147.517 (4); or

����� (b) File a motion within seven days after the date the victim first exercises a right granted by section 42 or 43, Article I of the Oregon Constitution, unless the court finds good cause to allow the motion at a later time.

����� (3) A defendant who seeks to object to a victim�s presence at trial shall file a motion within 35 days of arraignment, or of the defendant�s entry of the initial plea on an accusatory instrument, whichever is sooner, unless the factual basis of the objection could not reasonably be discovered earlier, in which case the motion must be filed promptly.

����� (4) The court shall conduct a hearing on a motion filed under this section and rule on the motion as soon as practicable. The court may not grant relief under subsection (2) or (3) of this section unless the designation of a person as a victim or the victim�s presence at trial violates the Oregon Constitution or the United States Constitution. [2009 c.178 �9]

����� Note: See note under 147.500.

����� 147.525 Rescheduling matters affected by claim, response or motion. (1) Pending the hearing described in ORS 147.530, the court may reschedule any matter in the criminal proceeding that may directly impact, or be directly impacted by, the claim, a response filed under ORS 147.517 (4) or a motion filed under ORS 147.522. All other matters in the criminal proceeding shall continue in the ordinary course.

����� (2) In determining whether to reschedule a matter under subsection (1) of this section, in addition to other factors the court considers important, the court shall consider:

����� (a) The likelihood that the requested relief will be granted in light of the support in fact and law for the relief, as shown in the claim, the response filed under ORS 147.517 (4) or the motion filed under ORS 147.522;

����� (b) Whether the claim, response or motion is made in good faith and not for the purpose of delay;

����� (c) The nature of the harm to the victim, the prosecuting attorney, the defendant, any person against whom relief is requested and the public that will likely result from rescheduling the matter;

����� (d) The rights guaranteed to the victim, the prosecuting attorney, the defendant and any person against whom relief is requested under the Oregon Constitution or the United States Constitution and under Oregon statutory and decisional law; and

����� (e) Whether the defendant is in custody and, if so, whether the defendant has expressly consented to a continuance of the trial under ORS 136.290.

����� (3) A pretrial release decision may not be continued under this section for more than 14 days.

����� (4) Unless the court finds good cause to continue the trial to a later date, a trial may not be continued under this section for more than 14 days. [2009 c.178 �10]

����� Note: See note under 147.500.

����� 147.530 Hearing on claim, response or motion; order. (1) A hearing on a claim, a response filed under ORS