ORS Chapter 131a

Chapter 131A — CivilForfeiture

 

2009 EDITION

 

CIVILFORFEITURE

 

PROCEDUREIN CRIMINAL MATTERS GENERALLY

 

DEFINITIONS

 

131A.005  Definitions

 

CIVILFORFEITURE GENERALLY

 

131A.010  Legislativefindings; preemption of local laws; remedy not exclusive

 

131A.015  Vestingof title to forfeited property

 

PROPERTYSUBJECT TO FORFEITURE

 

131A.020  Propertysubject to forfeiture

 

131A.025  Consensualsearch of motor vehicle; required notice

 

131A.030  Seizureof motor vehicle with hidden compartment

 

131A.035  Seizureof currency

 

SEIZUREOF PROPERTY FOR FORFEITURE

 

(Generally)

 

131A.050  Seizuregenerally

 

(Inventoryand Receipt; Written Warning)

 

131A.055  Inventoryand receipt

 

(Mannerof Seizure)

 

131A.060  Seizurewith court order

 

131A.065  Seizurewithout court order

 

(Deliveryof Property)

 

131A.070  Deliveryby third person

 

(Effectof Seizure on Liens and Security Interests of Financial Institutions)

 

131A.075  Liensand security interests of financial institutions

 

(Careand Custody of Property)

 

131A.080  Careand custody of seized property generally

 

131A.085  Orderfor sale, lease, rental or operation of seized property

 

131A.090  Forfeituretrust accounts

 

HEARINGON PROBABLE CAUSE AND DECISION ON SEEKING FORFEITURE

 

(Hearingon Probable Cause)

 

131A.100  Hearingon probable cause

 

(Decisionon Seeking Forfeiture)

 

131A.105  Decisionon seeking forfeiture

 

FORFEITURENOTICE

 

131A.150  Forfeiturenotice

 

131A.155  Recordedforfeiture notice

 

131A.160  Transferof proceedings prohibited

 

CLAIMS

 

(Generally)

 

131A.165  Claims

 

(ExpeditedHearing)

 

131A.170  Expeditedhearing on claim

 

131A.175  Expeditedhearing on affirmative defenses

 

131A.180  Orderrestoring custody of property after expedited hearing

 

EXPARTE FORFEITURES

 

131A.200  Exparte forfeiture

 

FORFEITUREACTIONS

 

(Generally)

 

131A.225  Forfeitureactions generally

 

(Serviceof Complaint)

 

131A.230  Service

 

(Responseto Complaint)

 

131A.235  Responsivepleading

 

131A.240  Responseby affidavit

 

131A.245  Hearingon objections to affidavit

 

131A.250  Foreclosureof security interests, liens and vendor’s interests

 

(Standardsof Proof and Defenses)

 

131A.255  Standardsof proof in forfeiture action

 

131A.260  Affirmativedefenses in forfeiture action

 

(Staysand Consolidation of Actions)

 

131A.265  Stays

 

131A.270  Consolidationof actions

 

(SpecialMotion for Release of Property)

 

131A.275  Specialmotion for release of property

 

(Judgment)

 

131A.300  Judgmentforfeiting property generally

 

131A.305  Judgmentforfeiting property; judgment for forfeiting agency

 

131A.310  Judgmentfor claimant

 

131A.315  Defaultjudgment

 

DISPOSITIONOF FORFEITED PROPERTY

 

131A.350  Dispositiongenerally

 

131A.355  Intergovernmentalagreements

 

131A.360  Distributionof forfeiture proceeds by local government

 

131A.365  Distributionof forfeiture proceeds by state

 

131A.370  SpecialCrime and Forfeiture Account

 

MISCELLANEOUS

 

131A.400  Prosecutingattorneys and forfeiture counsel

 

131A.405  Liabilityof seizing agencies, forfeiting agencies and forfeiture counsel

 

131A.410  Indemnificationof officers, employees and agents; payment of civil penalties

 

ASSETFORFEITURE OVERSIGHT ADVISORY COMMITTEE

 

131A.450  Recordkeeping requirements

 

131A.455  AssetForfeiture Oversight Advisory Committee

 

131A.460  AssetForfeiture Oversight Account

 

      Note: Section 65,chapter 78, Oregon Laws 2009, provides:

      Sec.65.The repeal of statutory sections by section 64 of this 2009 Act does not affectany forfeiture proceeding commenced before the effective date of this 2009 Act[April 28, 2009] by giving a notice of seizure for forfeiture under ORS475A.055, as in effect immediately before the effective date of this 2009 Act,or by recording a notice of intent to forfeit under ORS 475A.050, as in effectimmediately before the effective date of this 2009 Act. Any forfeitureproceeding commenced before the effective date of this 2009 Act as described inthis subsection shall continue to be governed by the provisions of ORS475A.005, 475A.010, 475A.015, 475A.020, 475A.025, 475A.030, 475A.035, 475A.040,475A.045, 475A.050, 475A.055, 475A.060, 475A.065, 475A.070, 475A.075, 475A.080,475A.085, 475A.091, 475A.096, 475A.100, 475A.110, 475A.111, 475A.115, 475A.120,475A.126, 475A.130, 475A.155 and 475A.160, as in effect immediately before theeffective date of this 2009 Act. [2009 c.78 §65]

 

DEFINITIONS

 

      131A.005Definitions.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 publicoffice, in the manner required or permitted by law, before the property wasseized for forfeiture;

      (b)Any person from whose custody property is seized for forfeiture; and

      (c)Any person who has an interest in property seized for forfeiture, including allowners and occupants of the property, whose identity and address is known or isascertainable upon diligent inquiry and whose rights and interest in theproperty may be affected by the action.

      (2)“Attorney fees” has the meaning given that term in ORCP 68 A.

      (3)“Financial institution” means any person lawfully conducting business as:

      (a)A financial institution or trust company, as those terms are defined in ORS706.008;

      (b)A consumer finance company subject to the provisions of ORS chapter 725;

      (c)A mortgage banker or a mortgage broker as those terms are defined in ORS86A.100, a mortgage servicing company or other mortgage company;

      (d)An officer, agency, department or instrumentality of the federal government,including but not limited to:

      (A)The Secretary of Housing and Urban Development;

      (B)The Federal Housing Administration;

      (C)The United States Department of Veterans Affairs;

      (D)Rural Development and the Farm Service Agency of the United States Departmentof Agriculture;

      (E)The Federal National Mortgage Association;

      (F)The Government National Mortgage Administration;

      (G)The Federal Home Loan Mortgage Corporation;

      (H)The Federal Agricultural Mortgage Corporation; and

      (I)The Small Business Administration;

      (e)An agency, department or instrumentality of the state, including but notlimited to:

      (A)The Housing and Community Services Department;

      (B)The Department of Veterans’ Affairs; and

      (C)The Public Employees Retirement System;

      (f)An agency, department or instrumentality of any local government, as defined byORS 174.116 or special government body, as defined by ORS 174.117, includingbut not limited to such agencies as the Portland Development Commission;

      (g)An insurer as defined in ORS 731.106;

      (h)A private mortgage insurance company;

      (i)A pension plan or fund or other retirement plan; and

      (j)A broker-dealer or investment adviser as defined in ORS 59.015.

      (4)“Forfeiting agency” means a public body that is seeking forfeiture of propertyunder this chapter.

      (5)“Forfeiture counsel” means an attorney designated by a forfeiting agency torepresent the forfeiting agency in forfeiture proceedings.

      (6)“Forfeiture proceeds” means all property that has been forfeited in aproceeding under this chapter, including money, earnings from forfeitedproperty and amounts realized from the sale of forfeited property.

      (7)“Instrumentality” has the meaning given in ORS 131.550.

      (8)“Law enforcement agency” means any agency that employs police officers orprosecutes criminal cases.

      (9)“Motor vehicle with a hidden compartment” means a motor vehicle as defined inORS 801.360 that has had the vehicle’s original design modified by a personother than the manufacturer to create a