Title 14, Procedure in Criminal Matters Generally

As used in this chapter: (1) “All persons known to have an interest” means: (a) Any person who filed a notice of interest for seized property with any public office, in the manner required or permitted by law, before the property was seized for forfeiture; (b) Any person from who…

(1) The Legislative Assembly finds that: (a) Prohibited conduct occurs in the course of criminal activities that result in, and are facilitated by, the acquisition, possession or transfer of property subject to civil forfeiture under this chapter. (b) Transactions involving prope…

Subject to this chapter, all right, title and interest in property forfeited under this chapter vests in the forfeiting agency upon the occurrence of the prohibited conduct on which the forfeiture is based. [2009 c.78 §3] PROPERTY SUBJECT TO FORFEITURE

The following property is subject to forfeiture under this chapter: (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 use…

(1) Notwithstanding any other provision of this chapter, property that is seized solely on the basis of a consensual search of a motor vehicle is not subject to forfeiture unless, before obtaining the consent of a person for the search, the person is provided with written, multil…

(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 …

Notwithstanding any other provision of this chapter, United States currency in an amount less than $15,000 may not be seized for forfeiture solely on the basis that the money is in the form of cash rather than some other form. [2009 c.78 §6] SEIZURE OF PROPERTY FOR FORFEITURE (Ge…

(1) Property seized for forfeiture is not subject to replevin, conveyance, sequestration or attachment, and is not subject to a motion or order to return under ORS chapter 133. (2) Property that has been unconstitutionally seized may be forfeited if the property is determined to …

(1) Promptly upon seizure of property for forfeiture, the police officer who seized the property shall make an inventory of the seized property. The inventory may contain an estimate of the value of the seized property. (2) If seized property is taken from the possession of a per…

(1) Property may be seized by any police officer pursuant to an order of the court. Forfeiture counsel or a seizing agency may apply for an ex parte order directing seizure of specified property. (2) An application for an order directing seizure under subsection (1) of this secti…

(1) Property may be seized for forfeiture by a police officer without a court order if: (a) There is probable cause to believe that property is subject to forfeiture, and the property may constitutionally be seized without a warrant; (b) The seizure is in the course of a constitu…

(1) Except as provided in ORS 131A.080 (3), a person who has control or custody of property must deliver the property to a police officer if the police officer presents a court order issued under ORS 131A.060 or the police officer has probable cause to believe that the property i…

(1) Seizure of property for forfeiture and other proceedings under this chapter does not prevent, abate or delay the initiation or prosecution of a suit or action by a financial institution for the possession of seized property in which the financial institution claims a lien or …

(1) Pending final disposition of seized property, and subject to the need to retain the property for any criminal proceeding, a forfeiting agency shall maintain and care for property that is in the physical custody of the seizing or forfeiting agency in a manner that is reasonabl…

(1) Pending final disposition of property seized for forfeiture, and subject to the need to retain the property for any criminal proceeding, a forfeiting agency may apply to the court for an order allowing the seized property to be sold, leased, rented or operated in the manner a…

(1) Except for currency with collector value, all money seized for forfeiture, together with all money received from the sale, lease, rental or operation of seized property, shall be immediately deposited in an insured interest-bearing forfeiture trust account or accounts maintai…

(1) Any person with an interest in property that has been seized for forfeiture may file an application to have an order to show cause order issued to a forfeiting agency to determine if probable cause exists to seize the property for forfeiture. The application must be filed not…

(1) A seizing agency, after consultation with the district attorney of the county in which the property was seized, must decide whether to seek forfeiture of seized property not more than 30 days after the property is seized. If the seizing agency elects not to seek forfeiture, t…

(1) A forfeiture notice must contain: (a) A copy of the inventory prepared by the police officer under ORS 131A.055, with any amendments made under ORS 131A.055 (3); (b) The name of the person from whom the property was seized; (c) The name, address and telephone number of the se…

(1) If a forfeiting agency intends to seek forfeiture of real property, the forfeiting agency may record a forfeiture notice in the form prescribed in this section in the County Clerk Lien Record. The notice must contain the legal description of the real property, any street addr…

After service of a forfeiture notice under ORS 131A.150, or recording of a forfeiture notice under ORS 131A.155, a forfeiting agency may not transfer the proceedings to the federal government unless a state court has affirmatively found by a preponderance of the evidence that: (1…

(1) Except as provided in subsection (2) of this section, a person claiming an interest in property seized for forfeiture must file a claim with the forfeiting agency’s forfeiture counsel not more than 21 days after service of a forfeiture notice. (2) If service of a forfeiture n…

(1) A person claiming an interest in seized property may file a petition for an expedited hearing within 15 days after service of a forfeiture notice on the person or within such further time as the court may allow for good cause shown. (2) A petition for an expedited hearing mus…

(1) In any expedited hearing under ORS 131A.170 in which a petitioner seeks a determination at the hearing of any of the affirmative defenses provided for in ORS 131A.260, the court may consider evidence relating to those affirmative defenses and shall make a determination as to …

(1) An order restoring custody of property to a petitioner under ORS 131A.170 or 131A.175 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 …

(1) An ex parte judgment of forfeiture may be entered under this section only if: (a) The property is personal property; (b) The property is not subject to an interest in favor of any person known to have an interest, other than a person who is believed by the forfeiting agency t…

(1) A civil forfeiture action in rem may be brought as provided in this section in any case in which forfeiture is sought. A civil forfeiture action must be brought if: (a) The property is real property; (b) The property is in whole or part a manufactured dwelling as defined in O…

(1) Upon commencement of a forfeiture action, the forfeiting agency must serve the summons and complaint on all persons known to have an interest in the property in the manner provided by ORCP 5 and 7 D. In addition, notice of the action must be published as provided in ORCP 7 D(…

Except as provided by ORS 131A.240, a person claiming an interest in property that is the subject of a forfeiture action must file a responsive pleading as provided in the Oregon Rules of Civil Procedure. If the person has not previously filed a claim under ORS 131A.165, a claim …

(1) In lieu of filing a responsive pleading under ORS 131A.235, a financial institution holding an interest in the property may respond to a complaint with an affidavit establishing the financial institution’s interest in the property. (2) In lieu of filing a responsive pleading …

(1) If a forfeiting agency files objections under ORS 131A.240, the court shall determine from the affidavits whether there is a genuine issue of material fact with respect to the assertions of the financial institution, transferor, conveyor or successor in interest. (2) If the c…

(1) If a responsive pleading or affidavit is filed under ORS 131A.235 or 131A.240, the court shall foreclose all security interests, liens and vendor’s interests in the property, including contracts for the transfer or conveyance of the property, for which the court determines th…

(1) In all forfeiture actions, the forfeiting agency must prove that a person has been convicted of a crime that constitutes prohibited conduct, and that the property to be forfeited is: (a) Proceeds of the crime for which the person has been convicted; (b) An instrumentality of …

(1) A claimant may plead as an affirmative defense that the property was seized in violation of ORS 131A.025. (2) In any forfeiture action brought against real property claimed to be an instrumentality of prohibited conduct relating to controlled substances, a claimant may plead …

(1) The court may stay a forfeiture action upon motion of a party and good cause shown. Good cause may include a reasonable fear on the part of a claimant that the claimant could be prosecuted for conduct arising out of the same factual situation that gave rise to the seizure of …

(1) A forfeiture action may be consolidated with any other action that relates to the same property or parties on motion by any party in the forfeiture action. (2) Upon motion by the state or other public body, or any criminal defendant who is also a claimant, a forfeiture action…

(1) Any claimant who is alleged to have engaged in prohibited conduct, and who has filed a responsive pleading or affidavit in the manner required by ORS 131A.235 or 131A.240, may file a special motion for the release of all or part of the property subject to the forfeiture actio…

(1) A judgment forfeiting property shall recite the basis for the judgment. (2) After entry of a judgment forfeiting property, the forfeiting agency may transfer good and sufficient title for the property to purchasers and other transferees, and the title shall be recognized by a…

(1) If a judgment forfeiting property is entered, and the judgment finds against all claimants who have filed a responsive pleading or affidavit under ORS 131A.235 or 131A.240, title to the forfeited property passes to the forfeiting agency free of any interest or encumbrance in …

(1) Except as provided in subsection (2) of this section, if a judgment is entered for a claimant in a proceeding under this chapter, the claimant’s property or interest in the property shall be returned or conveyed immediately to the claimant. All security interests, liens and o…

(1) The court shall enter a judgment finding that a person who claims an interest in property that is the subject of a forfeiture action is in default, and provide for the forfeiture of the claimant’s interest without hearing, if: (a) The person does not make a claim for the prop…

Except as otherwise provided by intergovernmental agreement and this chapter, a forfeiting agency may: (1) Sell, lease, lend or transfer forfeited property to any federal, state or local law enforcement agency or district attorney. (2) Sell forfeited property by public or other c…

A forfeiting agency shall distribute forfeiture proceeds equitably. Distribution of forfeiture proceeds may be made pursuant to intergovernmental agreement under ORS chapter 190. An intergovernmental agreement providing for the distribution of forfeiture proceeds may not provide …

(1) The provisions of this section apply only to a forfeiting agency other than the state, and apply only to forfeiture proceeds arising out of prohibited conduct as described in ORS 131A.005 (12)(a), (b) and (c). (2) If the forfeiting agency is not a county, the forfeiting agenc…

(1) The provisions of this section apply only when the forfeiting agency is the state, and apply only to forfeiture proceeds arising out of prohibited conduct as described in ORS 131A.005 (12)(a), (b) and (c). (2) After entry of a judgment of forfeiture, a forfeiting agency shall…

The Special Crime and Forfeiture Account is established in the General Fund of the State Treasury. The account shall consist of all forfeiture proceeds deposited in the account under ORS 131A.365. All moneys in the account are continuously appropriated to the Department of Justic…

(1) Notwithstanding ORS 8.720 or any other provision of law, but subject to the provisions of ORS 180.060, a district attorney may act as forfeiture counsel in any forfeiture proceeding. (2) In any forfeiture proceeding for which related criminal proceedings have been brought or …

(1) Seizing agencies, forfeiting agencies and forfeiture counsel are not civilly or criminally liable for any acts in seizing or forfeiting property under the provisions of this chapter if there was reasonable suspicion that the property was subject to seizure or forfeiture. An o…

(1) Unless the claim arises out of malfeasance in office or willful or wanton neglect of duty, a public body as defined in ORS 30.260 may defend, save harmless and indemnify any officer, employee or agent of the public body against whom a claim is made under section 10 (14), Arti…

(1) All forfeiting agencies shall maintain written documentation of each seizure for forfeiture made under the provisions of this chapter, sale of seized or forfeited property under this chapter, decision to retain property forfeited under the provisions of this chapter, transfer…