Oregon Statutes 477.128 – Expenditures for criminal defense related to fire suppression activities
(1) As used in this section, ‘firefighter’ means an employee of the State Forestry Department or of a forest protective association, as defined in ORS § 477.001, whose duties include the abatement of uncontrolled fire as described in ORS § 477.064.
Terms Used In Oregon Statutes 477.128
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- association: means an association, group or agency composed of owners of forestlands, organized for the purpose of protecting such forestlands from fire. See Oregon Statutes 477.001
- Department: means the State Forestry Department. See Oregon Statutes 477.001
- Forester: means the State Forester or authorized representative. See Oregon Statutes 477.001
- State Forester: means the person appointed State Forester pursuant to ORS § 526. See Oregon Statutes 477.001
(2) The State Forester may authorize the expenditure of funds from the State Forestry Department revolving account to pay costs and reasonable attorney fees that a firefighter who is charged with a misdemeanor or felony incurs to defend against that charge if the State Forester determines that:
(a) The firefighter was performing fire suppression activities under the direction and control of the State Forester or an authorized representative of the State Forester at the time of the alleged misdemeanor or felony;
(b) The alleged actions underlying the charge, if true, are directly related to the firefighter’s performance of fire suppression activities on forestlands; and
(c) The fire suppression actions of the firefighter were within the range of reasonable fire suppression actions.
(3) This section does not confer any right on a firefighter to hearing or appeal regarding determinations made by the State Forester under subsection (2) of this section.
(4) This section does not authorize the expenditure of moneys to pay costs or attorney fees incurred on appeal or in seeking post-conviction relief. [2011 c.218 § 1]
477.128 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 477 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[Formerly 477.058; 1971 c.743 § 386; 1973 c.46 § 3; 1997 c.274 § 3b; repealed by 1999 c.355 § 17]
[Repealed by 1953 c.375 § 38]
[1953 c.375 § 31; 1957 c.309 § 10; 1965 c.253 § 79; renumbered 477.420]
[Repealed by 1953 c.375 § 38]
[1953 c.375 § 32; 1957 c.309 § 11; 1965 c.253 § 80; renumbered 477.425]
[Repealed by 1953 c.375 § 38]
[1963 c.454 § 2; 1965 c.253 § 73; renumbered 477.315]
[1963 c.454 § 3; 1965 c.253 § 74; renumbered 477.320]
[1963 c.454 § 4; 1965 c.253 § 75; renumbered 477.325]
[1963 c.454 § 5; repealed by 1965 c.253 § 48 (477.058 enacted in lieu of 477.148)]