ORS § 147.533

Current through 2024 Regular Session legislation effective March 27, 2024
Section 147.533 - Waiver of remedy
(1) A remedy under ORS 147.500 to 147.550 is waived if the remedy is requested:
(a) By a victim who had notice of a related claim and did neither of the following:
(A) File a response under ORS 147.517(4); or
(B) Participate in a hearing under ORS 147.530; or
(b) By any person after:
(A) The date determined by the court under ORS 147.517(2)(a) if the person is filing a response;
(B) The period of time described in ORS 147.522 if the person is filing a motion; or
(C) Former jeopardy attaches, unless a motion for new trial or a motion in arrest of judgment is granted.
(2) Subsection (1) of this section does not apply to:
(a) Remedies that may be effectuated after the disposition of a criminal proceeding;
(b) The right to obtain information described in section 42 (1)(b), Article I of the Oregon Constitution;
(c) The right to receive prompt restitution described in section 42 (1)(d), Article I of the Oregon Constitution;
(d) The right to have a copy of a transcript described in section 42 (1)(e), Article I of the Oregon Constitution; or
(e) Remedies requested in a subsequent criminal proceeding arising after a state or federal court has granted a new trial or sentencing, provided the remedy is not waived pursuant to subsection (1) of this section in the subsequent criminal proceeding.

ORS 147.533

2009 c. 178, § 12

See note under 147.500.