(1) A person is eligible for an award of compensation under ORS § 147.005 to 147.367 if:

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(a) The person is a victim, or is a survivor or dependent of a deceased victim, of a compensable crime that has resulted in or may result in a compensable loss;

(b) The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death or injury to the victim, unless the Department of Justice finds that, notwithstanding the failure of notification, the applicant acted reasonably under the circumstances;

(c) The application for compensation is not the result of collusion between the applicant and the assailant of the victim;

(d) The department determines that the victim acted reasonably with respect to the incident causing the death or injury to the victim, taking into account the specific situation of the victim and what a reasonable action would be for a person in the victim’s circumstances; and

(e) The application for an award of compensation under ORS § 147.005 to 147.367 is filed with the department:

(A) Within one year of the date of the injury to the victim; or

(B) Within such further extension of time as the department, for good cause shown, allows.

(2) The requirement under subsection (1)(b) of this section to notify the appropriate law enforcement officials of the perpetration of the crime is satisfied if:

(a) As a result of the compensable crime for which the victim or applicant is applying for compensation, the victim or applicant obtained:

(A) A temporary or permanent stalking protective order under ORS § 30.866 or 163.730 to 163.750;

(B) A sexual abuse restraining order under ORS § 163.760 to 163.777;

(C) An abuse prevention order under ORS § 107.700 to 107.735 or 124.005 to 124.040;

(D) Any other abuse prevention order or no contact order issued by a state, local, tribal or federal court; or

(E) A medical assessment, as defined in ORS § 147.395, for sexual assault, or any other forensic exam or medical assessment;

(b) A health provider, tribal health provider, student health provider or community mental health provider certifies that the victim reported the crime to the provider; or

(c) The victim provides to the department documentation that qualifies as law enforcement notification under the rules of the department.

(3) The department shall adopt rules establishing:

(a) A limited counseling award for victims who apply for an award of compensation but who do not otherwise qualify under the eligibility requirements of this section.

(b) The types of documentation that qualify as notification to the appropriate law enforcement officials of the perpetration of the crime as described in subsection (2)(c) of this section. [1977 c.376 § 3; 1987 c.770 § 2; 1989 c.542 § 2; 1991 c.862 § 2; 1997 c.288 § 1; 2011 c.125 § 3; 2013 c.720 § 9; 2017 c.108 § 1; 2023 c.318 § 2]

[Renumbered 133.747]