34.240. ����� (2) Nothing in ORS 147.500 to 147.550: ����� (a) Affects the authority granted by law to the prosecuting attorney to assert the public�s interest, including but not limited to: �����

34.240.

����� (2) Nothing in ORS 147.500 to 147.550:

����� (a) Affects the authority granted by law to the prosecuting attorney to assert the public�s interest, including but not limited to:

����� (A) Asserting rights granted to victims by law; and

����� (B) Investigating and presenting to the court evidence relating to restitution.

����� (b) Authorizes a court to order the dismissal of a criminal proceeding or to grant a motion for judgment of acquittal, in arrest of judgment or for a new trial.

����� (c) Reduces a defendant�s rights under the United States Constitution or authorizes the suspension of a criminal proceeding if the suspension would violate a right of a defendant guaranteed by the Oregon Constitution or the United States Constitution. [2009 c.178 �19]

����� Note: See note under 147.500.

����� 147.508 Reconsideration of release decision. (1) At the request of a victim, the prosecuting attorney may request that the court schedule a hearing to reconsider a release decision if:

����� (a) The victim did not have notice of, or an opportunity to be heard at, a hearing in which the court released the defendant from custody or reduced the defendant�s security amount; and

����� (b) The victim�s request is made no later than 30 days after the victim knew or reasonably should have known of the release decision that is to be reconsidered.

����� (2) As used in this section, �release decision� includes:

����� (a) Decisions made at arraignment; and

����� (b) Decisions made at hearings described in ORS 419C.273 (1)(b)(A) to (C). [2009 c.178 �4; 2011 c.659 �2; 2023 c.182 �11]

����� Note: See note under 147.500.

����� 147.510 Critical stage of criminal proceeding; notice to court. (1) This section does not apply:

����� (a) In a juvenile delinquency proceeding; or

����� (b) In a criminal case in which no person has been determined to be the victim of the crime.

����� (2) At the beginning of each critical stage of the proceeding:

����� (a) The prosecuting attorney shall inform the court whether the victim is present.

����� (b) If the victim is not present, the prosecuting attorney shall inform the court, based on the prosecuting attorney�s knowledge, whether the victim requested advance notice of any critical stage of the proceeding and, if so, whether the victim:

����� (A) Was notified of the date, time and place of the proceeding;

����� (B) Was informed of the victim�s rights implicated in the proceeding; and

����� (C) Indicated an intention to attend the proceeding or requested that the prosecuting attorney assert a particular right associated with the proceeding and, if the victim made such a request, whether the prosecuting attorney agreed to do so.

����� (3) Subsection (2) of this section does not apply in any criminal proceeding in which the prosecuting attorney provides the court with the notice described in subsection (4) of this section.

����� (4) In all felony cases, no later than 21 days after the defendant is arraigned on an indictment, waives indictment or is held to answer following a preliminary hearing, the prosecuting attorney shall provide the court with a notice of compliance with victims� rights on a form prescribed by the Chief Justice of the Supreme Court or on a substantially similar form that indicates whether:

����� (a) The prosecuting attorney, a person known to the prosecuting attorney or a member of the prosecuting attorney�s staff made reasonable efforts to inform the victim of the rights granted to the victim by sections 42 (1)(a) to (f) and 43, Article I of the Oregon Constitution;

����� (b) The charging instrument includes the name or pseudonym of each victim known to the prosecuting attorney. If the charging instrument does not include the name or pseudonym of each victim known to the prosecuting attorney, the prosecuting attorney shall identify any victim not included in the charging instrument, unless it would be impractical to do so;

����� (c) The victim requested that the prosecuting attorney assert and enforce a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution, and whether the prosecuting attorney agreed to do so; and

����� (d) The victim requested to be informed in advance of any critical stage of the proceeding.

����� (5) If the victim is present at a critical stage of the proceeding, the prosecuting attorney shall inquire of the victim whether the victim intends to assert a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution, and shall report the results of that inquiry to the court. The court may ask the victim for information about any aspect of the rights granted to the victim by sections 42 and 43, Article I of the Oregon Constitution.

����� (6)(a) Information provided to the court under subsection (2) or (4) of this section may be based on information obtained from a law enforcement agency, a member of the prosecuting attorney�s staff, the prosecuting attorney�s file or an electronic data system or other record keeping system regularly maintained by the office of the prosecuting attorney.

����� (b) If the prosecuting attorney discovers that information provided to the court under subsection (2) or (4) of this section is no longer accurate, the prosecuting attorney shall orally provide the court with updated information prior to or during the critical stage of the proceeding that immediately follows the discovery. [2009 c.178 �3]

����� Note: See note under 147.500.

����� 147.512 Plea hearings, sentencing hearings and settlement conferences. (1) Notwithstanding ORS 147.510, at the beginning of each judicial settlement conference, plea hearing or sentencing hearing, the prosecuting attorney shall inform the court whether the victim is present. If the victim is not present and the case involves a defendant charged with a violent felony or bias crime in the first degree under ORS 166.165, the prosecuting attorney shall inform the court whether the victim was informed of the conference or hearing.

����� (2) In any case involving a defendant charged with a violent felony or bias crime in the first degree under ORS 166.165:

����� (a) If the victim requests, the prosecuting attorney shall make reasonable efforts to consult the victim before making a plea offer and before entering into a final plea agreement.

����� (b) Before the court accepts a plea of guilty or no contest:

����� (A) If the victim is present, the court shall ask whether the victim was consulted regarding plea negotiations, if the victim agrees or disagrees with the plea agreement as presented to the court and whether the victim wishes to be heard regarding the plea agreement.

����� (B) If the victim is not present, the court shall ask the prosecuting attorney whether the victim requested to be informed and consulted regarding plea negotiations. If the victim made such a request, the court shall ask the prosecuting attorney what reasonable efforts to inform and consult the victim concerning plea negotiations were made and whether the victim agrees or disagrees with the plea agreement.

����� (c) If the court finds that the victim requested consultation regarding plea negotiations and that the prosecuting attorney failed to make reasonable efforts to consult the victim, the court shall direct the prosecuting attorney to make reasonable efforts to consult the victim and may not accept the plea unless the court makes a finding on the record that the interests of justice require the acceptance of the plea.

����� (3) Before the court imposes sentence, the court shall ask whether the victim wishes to express the views described in ORS 137.013. [2009 c.178 �5; 2011 c.659 �1; 2023 c.549 �7]

����� Note: See note under 147.500.

����� 147.515 Claims. (1) A victim who wishes to allege a violation of a right granted to the victim in a criminal proceeding by Article I, section 42 or 43, of the Oregon Constitution, shall inform the court within 30 days of the date the victim knew or reasonably should have known of the facts supporting the allegation. The victim shall describe the facts supporting the allegation and propose a remedy.

����� (2) The victim may inform the court of a claim:

����� (a) On a form prescribed by the Chief Justice of the Supreme Court; or

����� (b) On the record in open court and in the presence of the defendant and the prosecuting attorney.

����� (3) If the victim informs the court of a facially valid claim on a form under subsection (2)(a) of this section, the court shall promptly issue the order to show cause described in ORS 147.517.

����� (4) If the victim informs the court of a facially valid claim orally under subsection (2)(b) of this section and the court determines:

����� (a) That each person entitled to notice of the claim and a reasonable opportunity to be heard is present, the court shall hold a hearing under ORS 147.530 as soon as practicable; or

����� (b) That any person entitled to notice of the claim and a reasonable opportunity to be heard is not present, the court shall issue the order to show cause described in ORS