Oregon Statutes 137.109 – Effect of restitution order on other remedies of victim; credit of restitution against subsequent civil judgment; effect of criminal judgment on subsequent civil action
(1) Nothing in ORS § 137.103 to 137.109, 137.540, 144.102, 144.275, 161.675 and 161.685 limits or impairs the right of a person injured by a defendant‘s commission of a crime, by a defendant’s commission of a violation described in ORS § 153.008, or by a defendant’s commission of an act that has brought the defendant before the court for the purpose of entering into a driving while under the influence of intoxicants diversion agreement, to sue and recover damages from the defendant in a civil action. Evidence that the defendant has paid or been ordered to pay restitution pursuant to ORS § 137.103 to 137.109, 137.540, 144.102, 144.275, 161.675 and 161.685 may not be introduced in any civil action arising out of the facts or events that were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in such civil action.
Terms Used In Oregon Statutes 137.109
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) If conviction in a criminal trial necessarily decides the issue of a defendant’s liability for economic damages of a victim, that issue is conclusively determined as to the defendant if it is involved in a subsequent civil action. [1977 c.371 § 7; 1993 c.533 § 2; 1997 c.526 § 4; 1999 c.1051 § 125; 2005 c.564 § 3; 2013 c.78 § 8]
[Repealed by 1973 c.836 § 358]
[1955 c.636 § 3; 1961 c.424 § 1; repealed by 1971 c.743 § 432]
[1953 c.641 § 2; 1955 c.252 § 1; 1955 c.636 § 1; 1961 c.424 § 2; repealed by 1971 c.743 § 432]
[1953 c.641 § 3; 1955 c.252 § 2; 1961 c.424 § 3; repealed by 1971 c.743 § 432]
[1953 c.641 § 4; repealed by 1971 c.743 § 432]
[1953 c.641 § 5; repealed by 1971 c.743 § 432]
[1953 c.641 § 6; 1955 c.252 § 3; 1955 c.636 § 2; repealed by 1961 c.424 § 9]
[1955 c.636 § 10; 1961 c.266 § 1; 1961 c.424 § 4; repealed by 1971 c.743 § 432]
(Collection of Monetary Obligations)