Estimate of Financial Impact
The direct financial impact to state and local governments was indeterminate because the impact depended on how often a victim would choose to bring an enforcement action to protect rights guaranteed under section 42, Article I of the Oregon Constitution, but denied by the court, district attorney or other public agency. These additional challenges could arise before a criminal case is filed, after a case is filed, and after the entry of a final judgment in a criminal case. Actions could be pursued in cases involving person and property crimes in violation, misdemeanor and felony cases, and the victim could file an enforcement action more than one time in a single case. Some cases involve multiple victims, each of whom could bring an individual enforcement action. The measure authorizes the legislature to enact laws providing detailed procedures for claims by victims, including the establishment of reasonable limitations on the time allowed victims to assert their rights and prescribing procedures for appeal. Legislation providing such procedures and limitations could change the direct costs of this measure. Direct costs may also be impacted by the degree of change in the current practice of restitution orders and payment, how many new victims are identified by the court, and the number of challenges that are appealed to a higher court.
Read more about this topic: Oregon Ballot Measure 51 (2008)
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