Current through 2024 Regular Session legislation
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.