State v. Kreiss

The 2005 amendments to ORS 137.106 awards "economic damages" as set out in ORS 31.170(2)(a), meaning “objectively verifiable monetary loss”, and not just those that would have been awarded in a civil action.

Defendant appealed a judgement of conviction and restitution award under ORS 137.106. Defendant’s conviction arose from an automobile accident that occurred while defendant was driving under the influence. The accident damaged another vehicle, and Defendant’s insurer partially compensated the other vehicle’s insurer. The State sought restitution for the difference between the amount defendant’s insurer paid, and the amount the other insurer paid. At trial, defendant argued that because the other driver was partially responsible, they would have not recovered restitution in a civil action. The trial court rejected defendant’s argument. Defendant appealed and argued that for the purposes of ORS 137.106, “economic damages” are limited to those recoverable in a civil action. The Court of Appeals, citing State v. Ramos, held that the Legislative Assembly had amended ORS 137.106 to award economic damages as set out in ORS 31.170(2)(a), meaning “objectively verifiable monetary loss”, and not just those that would be awarded in a civil action. Affirmed.