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Statutory Tort Compensation & Wrongful Conviction Compensation


Request for Public Comment — Annual Adjustment of the Oregon Tort Claims Act Statutory Liability Limits and Wrongful Conviction Compensation Amounts
To review the request and submit public comment, click here.

The public comment period for the proposed Oregon Tort Claims Act liability limits and the wrongful conviction compensation amounts will close at 5:00 p.m. on Wednesday, May 1, 2024.

Oregon Tort Claims Act Liability Limits

Effective July 1, 2023 – June 30, 2024

 The Office of the State Court Administrator (OSCA) has calculated the annual adjustment to the limitations on liability of state and local public bodies for personal injury, death, and property damage or destruction. Based on these calculations, the limitations are adjusted as shown in this table:

Public Body Claimant(s) Claim Adjusted Limit
state
singleinjury or death$ 2,490,600
state
multiple
injury or death$ 4,981,300
localsingleinjury or death
$ 830,300
local
multipleinjury or death$ 1,660,400
state or localsingleproperty damage or destruction$ 136,200
state or local
multipleproperty damage or destruction$ 680,900
These new limitations became effective on July 1, 2023, and apply to all causes of action arising on or after July 1, 2023, and before July 1, 2024.
 
OSCA opened a public comment period on the adjustments from March 10, 2023, to 5:00 p.m. on April 28, 2023.  We received no public comment.
 
OSCA makes these adjustments annually, as required by ORS 30.271(4), 30.272(4), and 30.273(3).


Wrongful Conviction Compensation


Effective July 1, 2023 – June 30, 2024

In 2022, the Oregon Legislative Assembly passed Senate Bill (SB) 1584 (Oregon Laws 2022, chapter 105). The measure allows a wrongfully convicted person to file a petition seeking compensation in the Marion County Circuit Court or in the circuit court for the county of conviction, and directs the Office of the State Court Administrator (OSCA) to adjust these compensation amounts annually according to the methodology described in the measure. The adjusted amounts are listed below:

For petitions filed Compensation for Wrongful Conviction
on or after 07/01/2023
and before 07/01/2024
$67,000 for each year of imprisonment
$25,800 for each additional year served on parole or post-prison supervision or was required to register as a sex offender, whichever is greater
These new compensation amounts became effective on July 1, 2023, and apply to all petitions filed on or after July 1, 2023, and before July 1, 2024.
 
OSCA opened a public comment period on the adjustments from March 10, 2023, to 5:00 p.m. on April 28, 2023.  We received one public comment.
 
OSCA makes these adjustments annually, as required by statute.

OSCA cannot provide legal advice to the public.  If you believe you may have a claim for wrongful conviction compensation, contact an attorney.