This information is not all-inclusive and is not intended to be legal advice or an agreement to provide legal advice or representation. If you have any questions about victims’ rights in an Oregon state court, please contact the Oregon Crime Victims Law Center.

Right to Notice

• To be informed of victims’ rights under the Oregon Constitution as soon as practicable. Or. Const. Art. I § 42(1)(g), ORS 147.417(1); To be notified of the victims' rights described in Sections 2 and 4 of HB 3634. (A victim must request this right from the district attorney before judgment of conviction is entered.) HB 3634 1(1)(a).

• To be notified in advance of any “critical stage” of the case that takes place in open court when the defendant will be present. (A victim must request this right from the district attorney or other prosecuting attorney in the case.) Or. Const. Art. I § 42(1)(a). There is no ORS criminal code cite. 

• Release hearings. ORS 147.500(1)(5)(a) (note that this excludes release decisions made at arraignment), ORS 135.245(5)(a)(B)(i), UTCR 4.100(1)(a).

• Hearings relating to the rescheduling of trial. ORS 147.500(1)(5)(c). There is no UTCR cite. 

• Other pre-trial hearings. ORS 147.500(1)(5)(d), UTCR 4.100(1)(b).

• Entry of guilty or “no-contest” pleas. ORS 147.500(1)(5)(e), UTCR 4.100(1)(c).

• Trials. ORS 147.500(1)(5)(f), UTCR 4.100(1)(d).

• Sentencings. ORS 147.500(1)(5)(h), UTCR 4.100(1)(e).

• Restitution hearings. ORS 147.500(1)(5)(g), UTCR 4.100(1)(e).

• Probation and parole hearings. (For notice of parole board hearings, contact the Oregon Board of Parole and Post-Prison Supervision at (503) 945-0907.) ORS 147.500(1)(5)(i), ORS 137.545(11)(a)(A), ORS 144.343(9)(a)(A), ORS 144.120(7), ORS 144.260(3), ORS 144.108(5)(a)(A), UTCR 4.100(1)(f).

• Any other stages that the court determines to be “critical.” ORS 147.500(1)(5)(m), UTCR 4.100(1)(i).

• To be notified if the defendant is being considered for an “early disposition” program. ORS 135.943(2).

• To be notified of any Psychiatric Security Review Board hearing and of the defendant’s conditional release, discharge, or escape. (A victim must request this right from the Psychiatric Security Review Board, (503) 229-5596.) ORS 144.120(7), ORS 144.260(3), ORS 161.325(2)(c), OAR 255-030-0013(3).

• To be notified of a hearing on the defendant’s motion to set aside his conviction or arrest record. ORS 137.225(2)(b).

• To be notified by the district attorney of rights concerning a defendant's petition for post-conviction relief and of proceedings conducted by the Oregon Board of Parole and Post-Prison Supervision. (A victim must request this right from the district attorney before judgment of conviction is entered.) HB 3634 1(1)(b).

• To receive reasonable, accurate and timely notice from the Attorney General when an appeal is taken. (A victim must request this right from the district attorney before judgment of conviction is entered.) HB 3634 1(1)(b)

• To receive reasonable, accurate and timely notice from counsel for the State when a petition for post-conviction relief is filed. (A victim must request this right from the district attorney before judgment of conviction is entered.) HB 3634 1(1)(c).

Right to Presence and Participation

• To be present at any “critical stage” of the case that takes place in open court where the defendant will be present, and to be heard at any pretrial release hearing and at sentencing. Or. Const. Art. I § 42(1)(a). See also ORS 40.385(4), ORS 137.013, and ORS 135.245(5)(a)(B)(ii)–(iii).

• To provide statements for the pre-sentence investigation report. ORS 137.530(2).

• To reasonably express views at a probation or parole hearing, ORS 137.545(11)(a)(C), ORS 144.108(5)(a)(B)–(C), ORS 144.120(7), ORS 144.343(9)(a)(B)–(C), and to provide relevant information to the State Board of Parole and Post-Prison Supervision regarding the convicted person’s release on parole. ORS 144.185(1). To attend the proceeding or, at the victim's discretion and with advance notice to the board, to attend by alternative means (HB 3634 4(1)(b)); to submit written and oral statements adequately and reasonably expressing any views (HB 3634 4(2)(b)); and to request the participation of the district attorney of the county in which the offender was convicted (actual participation at the DA's discretion). HB 3634 4(1)(c). 

• The right to be heard includes the right to know the reasons for the decision maker's decision. Edens, et al. v. Oregon Board of Parole. 

• To attend any public hearing related to the criminal proceeding that is conducted by an appellate court. (A victim must request this right from the district attorney before judgment of conviction is entered.) HB 3634 1(1)(d).

• To be heard, orally or in writing, at a post-conviction proceeding. HB 3634 2(2)(c).

• To make a statement at a hearing on the convicted person’s motion to set aside his conviction or arrest record. ORS 137.225(3).

Legal Representation

A victim may represent himself or be represented by an attorney, including one from the Oregon Crime Victims Law Center or a district attorney who has agreed to represent the victim in asserting his rights. ORS 147.500(2)(1).

Right to Protection

• To request testing of the defendant for HIV and other communicable diseases if the crime involved the transmission of body fluids and, under certain circumstances, to obtain a court order requiring the defendant to be tested. ORS 135.139.

• To have the victim’s personal identifying information not disclosed to the defendant by the defendant’s attorney without a court order, ORS 135.815, and to have the victim’s address and phone number not given to the defendant without a court order. ORS 135.970. (A victim must request this latter right.) See also ORS 192.820–865 (establishing, and making it a crime to, violate the Address Confidentiality Program).

• To have decisions regarding the defendant’s pretrial release based on the victim’s reasonable protection. Or. Const. Art. I § 43(1)(b), ORS 135.245(3). But see ORS 135.250(2)(b) and ORS 135.970(4)(b). 

• To have the defendant prohibited from contacting the victim, directly or indirectly, while the defendant is on pre-trial release without a court order. ORS 135.970(4)(a).

• To refuse to provide an interview or other information to the defendant or his attorney. Or. Const. Art. I § 42(1)(c), ORS 135.970(3).

• To obtain a court order preventing the disclosure of certain information. ORS 135.873.

• To obtain information from a “public body” about the defendant’s criminal history, conviction, sentence, imprisonment, and/or future release date. (A victim must request this information.) Or. Const. Art. I § 43, ORS 147.421.

Other Rights

• To have the case, including trial and sentencing, conducted with “all practicable speed.” HB 2874(a).

• To be taken into consideration when the dates for court appearances are set or reset. ORS 136.145.

• To have the victim’s interests “strongly consider[ed]” by the court in deciding whether co-defendants should be tried jointly or separately. ORS 136.060(1).

• To be allowed to consult on plea negotiations in violent felony cases. (A victim must request this right from the prosecuting attorney.) Or. Const. Art. I § 42(1)(f), ORS 135.406(1)(a).

• To have the victim’s views considered regarding whether the criminal charge(s) against the defendant should be diverted. ORS 135.886(2)(h).

• To obtain prompt restitution. Or. Const. Art. I § 42(1)(d), ORS 137.106, ORS 137.101.

Additional Rights Available to Victims of Sex Offenses

• To receive accurate and unbiased information about emergency contraception from a hospital and, upon request to the hospital, to receive emergency contraception immediately. ORS 435.254.

• To have certain evidence excluded at trial. ORS 40.210.

• To bar the use of media sound- and/or visual-recording equipment in courtroom proceedings. (A victim must request this right.) UTCR 3.180(2)(d) and (6). 

• To limit the copying and/or distribution of information concerning sexual conduct. ORS 135.873(5)–(6).

Additional Rights Available to Victims of Driving Under the Influence of Intoxicants Offenses

• To obtain the same reports and information as a defendant/driver who was involved in a vehicle collision with the victim. ­(A victim must request this right.) ORS 135.857(1).

• To be notified of, present and heard at any hearing on the defendant/driver’s petition for diversion if the driver caused damage to the victim’s property. ORS 135.886(2)(h), ORS 813.222(1)–(2).