reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.030 - Seizure of motor vehicle with hidden compartment.

(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 motor vehicle.
(2) Notwithstanding ORS 131A.360 and 131A.365, if the motor vehicle with a hidden compartment is forfeited and the seizing agency:
(a) Retains the motor vehicle for law enforcement purposes, the agency shall deduct the cost of disabling the hidden compartment from the value of the motor vehicle before making the distribution described in ORS 131A.360 and 131A.365.
(b) Does not retain the motor vehicle for law enforcement purposes and determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle, the agency shall sell the motor vehicle for scrap or salvage and distribute the proceeds of the sale according to ORS 131A.360 and 131A.365. The seizing agency shall ensure that the person to whom the motor vehicle is sold disables the hidden compartment or the motor vehicle.
(3) If a motor vehicle with a hidden compartment is forfeited and the seizing agency sells the motor vehicle, the agency shall deduct the cost of disabling the hidden compartment from the proceeds of the sale as a cost of prosecuting the case under ORS 131A.360 (3) and 131A.365 (2). [2009 c.874 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.035 - Seizure of currency.

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]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.050 - Seizure generally.

(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 be subject to forfeiture under this chapter based on evidence that is not the fruit of the unconstitutional seizure.
(3) Property other than real property may be constructively seized by affixing a forfeiture notice to the property, or by recording a forfeiture notice in the public record. Real property, including equitable interests under land sale contracts, may be seized only by recording a forfeiture notice in the form prescribed by ORS 131A.155.
(4) If property is seized from the possession of a person who has a possessory lien in the property, the lien remains in effect after the seizure and is enforceable as though the person had retained possession of the property. [2009 c.78 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.055 - Inventory and receipt.

(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 person, or there is a person who is in apparent control of the property at the time of the seizure, the officer shall deliver a receipt to that person when the property is seized. The receipt prepared under this subsection must contain:
(a) The inventory prepared under subsection (1) of this section;
(b) The identity of the seizing agency; and
(c) The address and telephone number of the office or other place where the person may obtain further information concerning the forfeiture.
(3) A seizing agency shall amend the inventory prepared by a police officer under this section if the agency determines at any time before the commencement of a forfeiture action under ORS 131A.225 that the inventory is substantially incorrect. The changes to the inventory must be clearly indicated in the amended inventory. A copy of the original inventory and any amendments made to the original inventory must be served with any summons and complaint served under ORS 131A.230. If the amendment occurs after the commencement of a forfeiture action, the amended inventory must be served on all persons previously served with summons and complaint in the proceeding.
(4) If tangible personal property is constructively seized as described in ORS 131A.050 (3), the officer shall affix the receipt to the property. If the property is physically removed from the place of seizure, and the place is unoccupied or nobody is present with apparent control over the property, the officer shall promptly file the receipt in the public records of the forfeiting agency. [2009 c.78 §8]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.060 - Seizure with court order.

(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 section may be made to any judge as defined in ORS 133.525. The application shall be supported by one or more affidavits setting forth facts and circumstances that support a finding that probable cause exists to believe that the described property is subject to forfeiture. The court shall issue the order upon a finding of probable cause to believe that the described property is subject to forfeiture. The order may be made as part of a search warrant.
(3) An order issued under this section may specify the manner in which intangible property may be seized for forfeiture.
(4) Except as provided in ORS 131A.080 (3), an order under this section shall direct any person having control or custody of the property, including money and other assets held in the form of an account in a financial institution, to deliver the property to the police officer. [2009 c.78 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.065 - Seizure without court order.

(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 constitutionally valid criminal investigative stop, arrest or search, and there is probable cause to believe that the property is subject to forfeiture;
(c) The property is directly or indirectly dangerous to the health or safety of any person; or
(d) An owner consents to the seizure.
(2) If a police officer finds cash, weapons or negotiable instruments in close proximity to controlled substances or to instrumentalities of prohibited conduct, the officer has probable cause to believe that the property is subject to forfeiture. [2009 c.78 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.070 - Delivery by third person.

(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 is subject to forfeiture.
(2) Any person who delivers property in obedience to a court order or pursuant to a direction from a police officer is not liable to any person by reason of the delivery, and is not liable for any costs incurred by reason of any contamination of the delivered property, including but not limited to any disposal costs for the property, any hazardous waste or material, any contraband or any other contamination contained in property seized under this section. [2009 c.78 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.075 - Liens and security interests of financial institutions.

(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 security interest, or initiation or prosecution of a suit or action by a financial institution for the foreclosure of a lien or security interest claimed by the financial institution. A financial institution may proceed with any suit or action involving property in which the institution claims a lien or security interest even though a seizure has occurred and a forfeiture action has been commenced or will be commenced. The financial institution’s suit or action may be consolidated with the forfeiture action for the purpose of trial. If seized property is sold before the conclusion of the forfeiture action, the sheriff, trustee or other person who is conducting the sale and who has actual notice of the forfeiture action shall distribute the sale proceeds as follows:
(a) To the payment of the expenses of the sale.
(b) If the property is a motor vehicle with a hidden compartment, after making the payment required by paragraph (a) of this subsection, to reimburse the seizing agency for the cost of disabling the hidden compartment.
(c) After payment of the expenses of the sale and making any reimbursement under paragraphs (a) and (b) of this subsection, to the payment of the obligations owed to the foreclosing financial institution that are secured by the property, and to the payment of the obligations owed to any other person that has a lien or security interest in the property that has been foreclosed in the suit or action. Payment under this paragraph shall be made in the order determined by the court.
(d) If there is any remaining amount after the payments required under paragraphs (a) to (c) of this subsection, to the seizing or forfeiting agency, or to the court in which the forfeiture action is pending.
(2) A sheriff, trustee or other person who distributes sale proceeds as provided in subsection (1) of this section is not liable to any person who has or asserts an interest in the property. [2009 c.78 §12; 2009 c.874 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.080 - Care and custody of seized property generally.

(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 reasonably appropriate for the preservation of the property’s value.
(2) A forfeiting agency may transfer property seized for forfeiture to any city, county, state or federal agency with authority to seek forfeiture of the property, unless the transfer diminishes or reduces the rights of any third party under this chapter or constitutes a violation of section 10 (13), Article XV of the Oregon Constitution.
(3) If property seized for forfeiture consists of money, stocks, bonds, promissory notes or other security or evidence of indebtedness, and the property is held in some form of account in a financial institution, the property may remain in the account pending a final decision in the forfeiture action. Unless otherwise allowed by order of the court, transactions involving the account are not permitted until final disposition of the property, except for the deposit or reinvestment of dividends or other normally recurring payments on the property. Any accrual to the value of the property during the pendency of forfeiture proceedings shall be disbursed in the manner provided for the disbursement of interest under ORS 131A.090.
(4) This chapter does not prevent a seizing agency from entering into an agreement with a person who claims seized property, or with any other person, for the reimbursement of the seizing agency for the costs and expenses relating to towing and storage of seized property, or for the reimbursement of the cost of discharging any possessory chattel lien on the property arising under ORS 87.152 to 87.162 that attaches to the property after seizure of the property and before release or forfeiture of the property. [2009 c.78 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.085 - Order for sale, lease, rental or operation of seized property.

(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 and on terms that may be specified in the court’s order. Any sale, lease, rental or operation of seized property under this section must be conducted in a commercially reasonable manner, and may not result in a material reduction of the property’s value. An order may be entered under this section only:
(a) After notice and opportunity to be heard is provided to all persons known to have an interest in the property, or who claim to have an interest in the property; and
(b) With the consent of all persons holding security interests of record in the property.
(2) Unless otherwise ordered by the court, the proceeds of the sale, lease, rental or operation of seized property under this section shall be held by the forfeiting agency in a forfeiture trust account established under ORS 131A.090, and the rights of holders of security interests of record in the property attach to the proceeds of the sale, lease, rental or operation in the order of the priority of their claims. [2009 c.78 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.090 - Forfeiture trust accounts.

(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 maintained by the seizing or forfeiting agency exclusively for this purpose. Cash may be retained as evidence in a criminal proceeding, but must be deposited in a trust account or trust accounts immediately after the cash is no longer needed as evidence.
(2) Subject to any court order, amounts deposited in a forfeiture trust account, or held in an account in a financial institution under ORS 131A.080 (3), including interest on those amounts, shall be disbursed as follows:
(a) If forfeiture proceedings are abandoned, or if the court ultimately fails to enter a judgment of forfeiture, the amount of the account shall be disbursed by the seizing or forfeiting agency to the person from whom the property was seized.
(b) If a judgment of forfeiture is entered, but parties other than the forfeiting agency establish rights to portions of the amount deposited in the account that are in the aggregate equal to or larger than the amount in the account, the account shall be disbursed by the forfeiting agency to the parties in the order of the priority of their claims.
(c) If a judgment of forfeiture is entered, and the total amount in the account is greater than the amount needed to satisfy the interests of security interest holders, lienholders and other claimants, the balance remaining after payment to those claimants shall be retained by the forfeiting agency for distribution as required by ORS 131A.360 and 131A.365. [2009 c.78 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.100 - Hearing on probable cause.

(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 more than 15 days after forfeiture notice is served under ORS 131A.150, or within 15 days after the person receives actual knowledge of the seizure, whichever is later. A copy of the application must be served on the forfeiture counsel.
(2) When a hearing is held on a show cause order issued under this section, the court shall determine if probable cause to seize the property for forfeiture exists on the date of the hearing. If the court finds that probable cause for seizure of the property for forfeiture does not exist, the forfeiting agency shall release the property. [2009 c.78 §16]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.105 - Decision on seeking forfeiture.

(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, the agency shall pay all costs and expenses relating to towing and storage of the property, and shall release the property and cause to be discharged any possessory chattel liens arising under ORS 87.152 to 87.162 that have attached to the property since the seizure. If the property is a motor vehicle with a hidden compartment, the seizing agency is not liable for any diminution in the value of the property as a result of disabling the compartment.
(2) Property may be released under this section to a person other than the person from whose custody or control the property was taken if the seizing agency mails notice to the last-known addresses of all persons known to have an interest in the property. The notice shall specify the person to whom the property is to be released and shall detail the time and place of the release. [2009 c.78 §17; 2009 c.874 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.155 - Recorded forfeiture notice.

(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 address for the property, and the name and address of the forfeiture counsel. From the time of recording the notice, the recording is notice to purchasers and other transferees of the rights and equities in the premises of the forfeiting agency.
(2) A forfeiture notice must be in substantially the following form:
______________________________________________________________________________
FORFEITURE NOTICE
Pursuant to ORS 131A.155, the undersigned states:
That _________ (forfeiting agency) intends to initiate a forfeiture action against the following described real property:
1. The description of the real property to be affected is:
__________________
__________________
__________________
__________________
__________________
2. The common address, if any, is:
__________________
__________________
__________________
Dated this _____ day of ______, _____.
This forfeiture notice expires on _____ day of _________, _____, absent future filings.
Name of agency seeking forfeiture
__________________
Name of attorney
__________________
Address
__________________
__________________
__________________
Telephone number
__________________
State of Oregon )
) ss.
County of _____ )
The foregoing instrument was acknowledged before me this _____ day of _________, _____.
__________________
Notary public for Oregon
My commission expires _________.
______________________________________________________________________________
(3) A forfeiture notice recorded under this section expires 30 days after the date of filing unless another forfeiture notice is recorded within the 30-day period. If another forfeiture notice is recorded within the 30-day period, the notice remains in effect for 30 days after the notice is recorded. The forfeiting agency may continue to record forfeiture notices in like manner until final disposition of the real property. [2009 c.78 §19]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.160 - Transfer of proceedings prohibited.

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) The activity giving rise to the forfeiture is interstate in nature and sufficiently complex to justify the transfer;
(2) The seized property may be forfeited only under federal law; or
(3) Pursuing forfeiture under state law would unduly burden the forfeiting agency. [2009 c.78 §20]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.165 - Claims.

(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 notice is made by publication under ORS 131A.150 (4), a person claiming an interest in the property must file a claim with the forfeiting agency’s forfeiture counsel not more than 21 days after the last publication date. Extensions for filing claims may not be granted.
(3) A claim under this section must be signed by the claimant under penalty of perjury and must include:
(a) The true name of the claimant;
(b) The address at which the claimant will accept future mailings from the court and forfeiture counsel; and
(c) A statement that the claimant has an interest in the seized property. [2009 c.78 §21]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.170 - Expedited hearing on claim.

(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 must contain a claim as described in ORS 131A.165 if a claim has not previously been filed. The petition must indicate whether the petitioner seeks one or more of the following:
(a) A determination at the hearing of any of the affirmative defenses provided for in ORS 131A.260.
(b) An order restoring custody of seized property to the petitioner during the pendency of the proceedings.
(c) Appointment of a receiver.
(3) A person filing a petition under this section shall serve a copy of the petition on all persons known to have an interest in the property. Service must be made as provided in ORCP 7 D. Service by publication is not required before an expedited hearing.
(4) A hearing shall be held within 15 days after service of all persons known to have an interest in the property, or at such later time as the court may allow for good cause shown. The hearing shall be limited to deciding whether to grant the relief sought in the petition.
(5) The court may enter an order directing the return of the seized property to the claimant during the pendency of the hearing if the court finds, by a preponderance of the evidence, that it is probable that the property will remain available for forfeiture at the completion of the proceedings and that there is a reasonable possibility that the petitioner will ultimately prevail in the proceeding.
(6) If the petition is denied, and the petitioner subsequently discovers evidence relevant to the claimed relief, the petitioner may file a new petition under this section at any time before a trial in the forfeiture action. The new petition shall be served as provided in ORS 131A.230.
(7) The parties in a forfeiture action may at any time stipulate to the entry of an order restoring custody of seized property to a petitioner who claims an interest in the property. The order shall comply with the requirements of ORS 131A.180 (1). [2009 c.78 §22]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.175 - Expedited hearing on affirmative defenses.

(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 any of those defenses that may be asserted by the petitioner.
(2) If the court finds that the petitioner has proven an affirmative defense provided for in ORS 131A.260, the court shall order that custody of the seized property be returned to the petitioner, to the extent of the petitioner’s interest, pending a final determination as to the disposition of the property, unless the forfeiting agency can show that the return of the property will result in prejudice to the agency in seeking forfeiture of other claimants’ interest in the property.
(3) If the court finds that the petitioner has failed to prove an affirmative defense provided for in ORS 131A.260, the court shall continue the matter for further proceedings as a forfeiture action under this chapter. [2009 c.78 §23]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.180 - Order restoring custody of property after expedited hearing.

(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 petitioner to service and maintain the property as may be reasonably appropriate to preserve the property’s value; and
(c) Require the petitioner to inform the court of the exact location of the property at the time of any trial in a forfeiture action and to deliver the property to the forfeiting agency immediately upon the issuance of a judgment of forfeiture.
(2) An order restoring custody of property to a petitioner under ORS 131A.170 or 131A.175 may include such other requirements as the court finds appropriate pending a final determination as to the disposition of the property. If the property is a motor vehicle with a hidden compartment, the seizing agency is not liable for any diminution in the value of the property as a result of disabling the compartment.
(3) An order restoring custody of property to a petitioner under ORS 131A.170 or 131A.175 is enforceable by a contempt proceeding brought on the relation of forfeiture counsel, by an order directing the petitioner to deliver the property to the custody of the forfeiting agency, by an order awarding to the forfeiting agency its reasonably incurred attorney fees, costs and investigative expenses, and by such other remedies or relief as the court may find appropriate. [2009 c.78 §24; 2009 c.874 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.200 - Ex parte forfeiture.

(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 to have engaged in prohibited conduct; and
(c) A claim is not filed in the manner provided by ORS 131A.165 within the time allowed.
(2) At any time after the time for filing a claim under ORS 131A.165 has expired, a forfeiting agency may petition the circuit court specified in ORS 131A.225 (3) for an ex parte judgment of forfeiture under this section. The petition must state that the requirements of subsection (1) of this section have been met. An affidavit must be attached to the petition that states that forfeiture notice was served on all persons claiming an interest in the property, or that sets forth facts demonstrating the forfeiting agency’s efforts to accomplish service, together with proof of any publication of notice.
(3) Upon filing of a petition under this section, the court shall enter a judgment forfeiting the property identified in the petition. [2009 c.78 §25]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.225 - Forfeiture actions generally.

(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 ORS 446.003;
(c) The property is a floating home as defined in ORS 830.700;
(d) A claim has been made for the property under ORS 131A.165; or
(e) A person, other than a person who is believed by the forfeiting agency to have engaged in prohibited conduct, is known to have an interest in the property.
(2) If a claim has been made for seized property under ORS 131A.165, forfeiture counsel must commence a forfeiture action not more than 15 days after receipt of the claim. In all other cases, a forfeiture action must be commenced by forfeiture counsel within 30 days after seizure of the property.
(3) If the property to be forfeited is real property, the forfeiture action must be commenced in the circuit court for a county in which the property is situated. In all other cases, the forfeiture action must be commenced in the circuit court for the county in which the property was seized, or in the circuit court for the county in which any part of the prohibited conduct took place.
(4) A forfeiture action is commenced by filing a complaint. A copy of the inventory prepared under ORS 131A.055 must be attached to the complaint. The complaint need only allege that there is probable cause for seizure of the property or that a court order was issued under ORS 131A.060, and need not allege that any claimant has been convicted of a crime. A complaint under this section may be amended at any time to allege that a claimant has been convicted of a crime.
(5) A complaint in a forfeiture action is not subject to a motion to strike, a motion for summary judgment or any other pretrial motion for dismissal that is based solely on the lack of a criminal conviction in support of the forfeiture. This subsection does not affect the ability of a claimant to file a motion to strike or a motion for summary judgment based on the acquittal of the claimant of all criminal charges on which the forfeiture action is based, or based on dismissal of all criminal charges on which the forfeiture action is based.
(6) Forfeiture actions are governed by the Oregon Rules of Civil Procedure except to the extent those rules conflict with this chapter. [2009 c.78 §26]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.230 - Service.

(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(6)(b) to (d) unless the forfeiture notice for the property was previously published in the manner provided in ORS 131A.150 (4).
(2) If the property to be forfeited in a forfeiture action is a vehicle, and substitute service on the claimant is required because personal service cannot be reasonably accomplished, service in the manner provided by ORCP 7 D(4) is sufficient to establish jurisdiction over a registered owner or operator of a vehicle.
(3) If the property to be forfeited in a forfeiture action is in whole or part a manufactured dwelling as defined in ORS 446.003 or a floating home as defined in ORS 830.700, the forfeiting agency must record a notice of seizure containing a description of the manufactured dwelling or floating home in all public offices maintaining records that impart constructive notice of matters relating to manufactured dwellings or floating homes. [2009 c.78 §27]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.235 - Responsive pleading.

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 as described in ORS 131A.165 (3) must be attached to the responsive pleading. [2009 c.78 §28]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.240 - Response by affidavit.

(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 under ORS 131A.235, a person who has an interest in the property by reason of being the transferee or conveyor of an interest in the property under a contract for transfer or conveyance of an interest in real property as defined in ORS 93.905 may respond to a complaint in a forfeiture action by filing an affidavit establishing that:
(a) The person did not take the property with the intent to defeat forfeiture of the property;
(b) The person did not know and did not have reason to know that the property constituted proceeds or an instrumentality of prohibited conduct; and
(c) The claimant did not acquiesce in the criminal conduct as described in ORS 131A.255 (4).
(3) An affidavit under subsection (1) or (2) of this section must be filed within 30 days after service of the summons and complaint. The failure to file the affidavit or other responsive pleading under ORS 131A.235 within the time allowed constitutes a default.
(4) A forfeiting agency may file objections to any or all of the assertions made in an affidavit filed under subsection (1) or (2) of this section. The objections must be filed within 20 days after the filing of an affidavit under subsection (1) or (2) of this section. The person filing the affidavit may respond to the objections by filing a supplemental affidavit limited to the matters stated in the affidavit of the forfeiting agency. The responding affidavit must be filed not later than five days after the forfeiting agency files objections.
(5) If a forfeiting agency does not file objections within the time allowed by subsection (4) of this section, the interest of the person filing the affidavit is conclusively established for all purposes under this chapter. [2009 c.78 §29]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.245 - Hearing on objections to affidavit.

(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 court determines that there is no genuine issue of material fact as to the truth of the assertions in an affidavit filed under ORS 131A.240 (2):
(a) The interest of the financial institution, transferor, conveyor or successor in interest shall be conclusively established for all purposes under this chapter;
(b) A transferor, conveyor or successor in interest shall be considered a financial institution for all purposes under this chapter; and
(c) The court shall order the forfeiting agency to pay the costs and disbursements, as described in ORCP 68 A, and the attorney fees of the prevailing financial institution, transferor, conveyor or successor in interest.
(3) If the court determines that there is a genuine issue of material fact as to the truth of the assertions in an affidavit filed under ORS 131A.240, the financial institution, transferor, conveyor or successor in interest shall, within 15 days, file a responsive pleading as provided by ORS 131A.235. The court may order the financial institution, transferor, conveyor or successor in interest to pay the attorney fees of the forfeiting agency that were incurred in contesting the affidavit of the financial institution, transferor, conveyor or successor in interest if the court determines that the affidavit of the financial institution, transferor, conveyor or successor in interest was frivolous. [2009 c.78 §30]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.250 - Foreclosure of security interests, liens and vendor’s interests.

(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 that there is a legal or equitable basis for foreclosure.
(2) Except for deficiencies resulting from disabling a hidden compartment in a motor vehicle with a hidden compartment, foreclosure of a security interest, lien or vendor’s interest under this section does not prevent a claimant from obtaining any deficiency to which the claimant would otherwise be entitled under the law. [2009 c.78 §31; 2009 c.874 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.255 - Standards of proof in forfeiture action.

(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 the crime for which the person has been convicted;
(c) Proceeds of one or more other crimes similar to the crime for which the person was convicted; or
(d) An instrumentality of one or more other crimes similar to the crime for which the person was convicted.
(2) A forfeiting agency may seek forfeiture of the property of a claimant who has been convicted of a crime that constitutes prohibited conduct if the property to be forfeited meets the requirements of subsection (1) of this section. A forfeiting agency may seek forfeiture of the property of a claimant who has not been convicted of a crime if the forfeiting agency proves that:
(a) Another person has been convicted of a crime that constitutes prohibited conduct;
(b) The property to be forfeited meets the requirements of subsection (1) of this section; and
(c) The claimant:
(A) Took the property with the intent to defeat forfeiture of the property;
(B) Knew or should have known that the property was proceeds of prohibited conduct; or
(C) Acquiesced in the prohibited conduct.
(3) Except as provided in subsection (5) of this section, if the property to be forfeited in a forfeiture action is personal property, the forfeiting agency must prove the elements specified in subsection (2) of this section by a preponderance of the evidence. If the property to be forfeited in a forfeiture action is real property, the forfeiting agency must prove the elements specified in subsection (2) of this section by clear and convincing evidence.
(4) For the purposes of subsection (2)(c) of this section, a claimant shall be considered to have acquiesced in prohibited conduct if the claimant knew of the prohibited conduct and failed to take reasonable action under the circumstances to terminate the prohibited conduct or prevent use of the seized property to facilitate the prohibited conduct.
(5) If the forfeiting agency establishes in a forfeiture action that cash, weapons or negotiable instruments were found in close proximity to controlled substances or to instrumentalities of prohibited conduct, the burden is on any person claiming the cash, weapons or negotiable instruments to prove by a preponderance of the evidence that the cash, weapons or negotiable instruments are not proceeds of prohibited conduct or an instrumentality of prohibited conduct. [2009 c.78 §32]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.260 - Affirmative defenses in forfeiture action.

(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 as an affirmative defense that the controlled substance was solely for personal use.
(3) If, by a preponderance of the evidence, the claimant proves a defense under this section by a preponderance of the evidence, the court shall enter judgment for the claimant. [2009 c.78 §33]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.265 - Stays.

(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 property. Good cause for a motion made by forfeiture counsel may include the need for additional time to commence or complete a criminal proceeding related to the forfeiture action.
(2) The court may stay a forfeiture action upon the filing of criminal charges that are related to the prohibited conduct that is the basis for the action. The stay may be granted upon the motion of forfeiture counsel, the motion of the district attorney in the related criminal proceeding, or the motion of the defendant in the related criminal proceeding. A stay granted under this section remains in effect until the final resolution of the related criminal proceeding. A motion for a stay by the defendant in the related criminal proceeding constitutes a waiver of double jeopardy by the defendant as to the forfeiture action and any related criminal proceeding.
(3) A forfeiture action that has been stayed under this section may be consolidated for trial or other resolution with any related criminal proceeding as provided in ORS 131A.270.
(4) Any party may file a motion with the court at any time to lift a stay granted under this section if good cause no longer exists for the stay. [2009 c.78 §34]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.270 - Consolidation of actions.

(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 under this section may be consolidated for trial or other resolution with any related criminal proceeding. Trial or other resolution of the forfeiture action shall immediately follow the resolution of the related criminal proceeding, shall be part of the other proceeding and shall be heard by the same trier of fact. Any objection by the defendant to the consolidation, or any motion by the defendant to sever the related criminal case from the forfeiture action, constitutes a waiver of double jeopardy as to the related criminal action and the forfeiture action. [2009 c.78 §35]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.275 - Special motion for release of property.

(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 action if a criminal action alleging the commission of a crime, as described in ORS 161.515, is not brought against any owner of the property within 90 days after the property is seized. The court shall grant the motion except upon good cause shown by the forfeiting agency. The release of the property does not affect the ability of the forfeiting agency to continue the action for the purpose of seeking forfeiture of the released property.
(2) A motion under this section may not be made for the release of any property that is held as evidence or for protective purposes. [2009 c.78 §36]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.300 - Judgment forfeiting property generally.

(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 all courts and public bodies. Any public body whose official functions include the issuance of certificates of title or other evidence of title is immune from civil or criminal liability if the issuance is pursuant to a judgment of forfeiture.
(3) If real property is forfeited under a judgment forfeiting property, the forfeiting agency shall warrant the title of the property against constitutional defect. A warranty under this section is limited to the purchase price of the real property.
(4) A forfeiting agency may apply to any circuit court judge for a writ of assistance directing the sheriff of the county to assist the forfeiting agency in seizing property identified in a judgment forfeiting property. [2009 c.78 §37; 2011 c.504 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.305 - Judgment forfeiting property; judgment for forfeiting agency.

(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 favor of a person who has been given notice of the proceedings.
(2) If the court has determined that the property should be forfeited and has not foreclosed the interests of any party in the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure, and the court shall enter a judgment forfeiting the property to the forfeiting agency, subject to the interests of any claimants for whom judgment was entered. If the property is a motor vehicle with a hidden compartment, the interests of any claimants or financial institutions shall be reduced on a pro rata basis by the cost of disabling the hidden compartment.
(3) If a judgment forfeiting property is entered, all valid interests in the property that are not foreclosed or otherwise extinguished under the judgment remain in effect. [2009 c.78 §38; 2009 c.874 §13]