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