As used in ORS 131.550 to 131.600: (1) “Acquiesce in prohibited conduct” means that a person knew of the prohibited conduct and knowingly failed to take reasonable action under the circumstances to terminate or avoid the use of the property in the course of prohibited conduct. For purposes of this subsection, “reasonable action under the […]
(1) The Legislative Assembly finds that: (a) Prohibited conduct is undertaken in the course of activities that result in, and are facilitated by, the acquisition, possession or transfer of property subject to criminal forfeiture under ORS 131.550 to 131.600; (b) Transactions involving property subject to criminal forfeiture under ORS 131.550 to 131.600 escape taxation; (c) […]
Subject to ORS 131.550 to 131.600, all right, title and interest in property forfeited under ORS 131.550 to 131.600 vest in the seizing agency upon commission of the prohibited conduct. [2005 c.830 §3]
The following are subject to criminal forfeiture: (1) All controlled substances that have been manufactured, distributed, dispensed, possessed or acquired in the course of prohibited conduct; (2) All raw materials, products and equipment of any kind that are used, or intended for use, in providing, manufacturing, compounding, processing, delivering, importing or exporting any service or […]
(1) A person who delivers property in obedience to an order or direction to deliver the property under this section is not liable: (a) To any person on account of obedience to the order or direction; or (b) For any costs incurred on account of any contamination of the delivered property. This includes, but is […]
(1)(a) Except as otherwise provided in ORS 131.550 to 131.600, property seized for criminal forfeiture is not subject to replevin, conveyance, sequestration or attachment. The seizure of property or the commencement of a criminal forfeiture proceeding under ORS 131.550 to 131.600 does not abate, impede or in any way delay the initiation or prosecution of […]
(1) When a seizing agency lawfully seizes a motor vehicle with a hidden compartment, the agency shall disable the hidden compartment, unless the motor vehicle is forfeited and the agency: (a) Retains the motor vehicle for law enforcement purposes; or (b) Determines that the cost of disabling the hidden compartment exceeds the value of the […]
(1) Whenever a seizing agency intends to forfeit any real property under ORS 131.550 to 131.600, the seizing agency may have recorded by the county clerk or other recorder of deeds of every county in which any part of the premises or real property lies a notice of intent to forfeit real property under ORS […]
(1) As soon as practicable after seizure for criminal forfeiture, the seizing agency shall review the inventory prepared by the police officer under ORS 131.561. Within 30 days after seizure for criminal forfeiture, the forfeiture counsel shall file a criminal information or an indictment alleging facts sufficient to establish that the property is subject to […]
(1) A person, other than the defendant, claiming an interest in property seized under ORS 131.550 to 131.600 may file a petition for an expedited hearing within 15 days after notice of seizure for criminal forfeiture or within such further time as the court may allow for good cause shown. (2) A petition for an […]
(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 […]
(1)(a) A financial institution holding an interest in property seized under ORS 131.550 to 131.600 shall respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the financial institution’s interest in the property was acquired: (A) In the regular course of business as a financial institution; (B) […]
(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) […]
(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 […]
(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 […]
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 […]
(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, […]
(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 […]
(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 […]
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) […]
