Section 131.582 – Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants.
(1) If a district attorney decides to proceed with a criminal forfeiture, the district attorney must present the criminal forfeiture to the grand jury for indictment. The indictment must allege facts sufficient to establish that the property is subject to criminal forfeiture and must comply with ORS 132.510, 132.540, 132.550, 132.557, 132.560 and 132.580. (2) […]
Section 131.585 – Extent of judgment.
(1) The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction. (2) With respect to property that is an instrumentality of the crime of conviction or of past prohibited conduct that is similar to […]
Section 131.588 – Judgment of forfeiture; contents; effect.
(1) If no financial institution has filed the affidavit described in ORS 131.579 (1), and if the court has failed to uphold the claim or affidavit of any other person claiming an interest in the property, the effect of the judgment is that: (a) Title to the property passes to the seizing agency free of […]
Section 131.591 – Equitable distribution of property or proceeds; intergovernmental agreements.
Distribution of property or proceeds in accordance with ORS 131.550 to 131.600 must be made equitably and may be made pursuant to intergovernmental agreement under ORS chapter 190. Intergovernmental agreements providing for such distributions and in effect on September 2, 2005, remain valid unless changed by the parties. The equitable distribution of proceeds targeted for […]
Section 131.594 – Disposition and distribution of forfeited property when seizing agency not the state.
(1) After the seizing agency distributes property under ORS 131.588, and when the seizing agency is not the state, the seizing agency shall dispose of and distribute property as follows: (a) The seizing agency shall pay costs first from the property or its proceeds. As used in this subsection, “costs” includes the expenses of publication, […]
Section 131.597 – Disposition and distribution of forfeited property when seizing agency is the state.
(1) After the seizing agency distributes property under ORS 131.588, and when the seizing agency is the state or when the state is the recipient of property forfeited under ORS 131.550 to 131.600, the seizing agency shall dispose of and distribute property as follows: (a) The seizing agency shall pay costs first from the property […]
Section 131.600 – Record keeping and reporting requirements.
(1) A seizing agency and any agency that receives forfeited property or proceeds from the sale of forfeited property under ORS 131.550 to 131.600 shall maintain written documentation of each sale, decision to retain, transfer or other disposition of forfeited property. (2)(a) As soon as practicable following the seizure of property for criminal forfeiture, forfeiture […]
Section 131.602 – Prohibited conduct for purposes of instrumentalities of crime.
The crimes to which ORS 131.550 (12)(b) applies are: (1) Bribe giving, as defined in ORS 162.015. (2) Bribe receiving, as defined in ORS 162.025. (3) Public investment fraud, as defined in ORS 162.117. (4) Bribing a witness, as defined in ORS 162.265. (5) Bribe receiving by a witness, as defined in ORS 162.275. (6) […]
Section 131.604 – Disposition of forfeited cigarettes.
Notwithstanding ORS 131.594 and 131.597, if property forfeited under ORS 131.550 to 131.600 consists of cigarettes forfeited because of a violation of ORS 180.440 (2), the seizing agency shall destroy the cigarettes. [2003 c.801 §16a; 2005 c.830 §29]
Section 131.576 – Order restoring custody of property after expedited hearing.
(1) An order restoring custody to a petitioner under ORS 131.573 shall: (a) Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct; (b) Require the petitioner to service and maintain the property as may be reasonably […]