As used in this chapter, unless the context requires otherwise:
(1) “All persons known to have an interest” means:
(a) Any person who has, prior to the time the property is seized for forfeiture, filed notice of interest with any public office as may be required or permitted by law to be filed with respect to the property which has been seized for forfeiture;
(b) Any person from whose custody the property was seized; or
(c) Any person who has an interest in the property, including all owners and occupants of the property, whose identity and address is known or is ascertainable upon diligent inquiry and whose rights and interest in the property may be affected by the action.
(2) “Attorney fees” has the meaning given that term in ORCP 68 A.
(3) “Costs and disbursements” are those expenditures set forth in ORCP 68 A.
(4) “Financial institution” means any person lawfully conducting business as:
(a) A financial institution or trust company, as those terms are defined in ORS 706.008;
(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 ORS 59.840, 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 Department of 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 not limited to:
(A) The Housing Agency;
(B) The Department of Veterans’ Affairs; and
(C) The Public Employees Retirement System;
(f) An agency, department or instrumentality of any municipality in the state, including but 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.
(5) “Forfeiting agency” means the State of Oregon or a political subdivision thereof that has accepted for forfeiture property seized by a seizing agency or that is processing a forfeiture case.
(6) “Forfeiture counsel” means an attorney designated to represent a forfeiting agency in forfeiture actions or proceedings.
(7) “Law enforcement agency” means any agency that employs police officers or prosecutes criminal cases.
(8) “Official law enforcement use” or “official law enforcement activity” means uses or activities that may reasonably be expected to result in the identification, apprehension or conviction of criminal offenders.
(9) “Police officer” has the meaning given that term in ORS 133.525.
(10) “Proceeds of prohibited conduct” means property derived directly or indirectly from, maintained by or realized through an act or omission, and includes any benefit, interest or property of any kind without reduction for expenses of acquiring or maintaining it or incurred for any other reason.
(11) “Prohibited conduct” includes violation of, solicitation to violate, attempt to violate or conspiracy to violate any provisions of ORS 475.005 to 475.285 and 475.805 to 475.980 when the conduct constitutes either a felony or misdemeanor as those terms are defined in ORS 161.525 and 161.545.
(12) “Property” means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due.
(13) “Seizing agency” means a law enforcement agency that has seized property for forfeiture.
(14) “Weapon” means any instrument of offensive or defensive combat or anything used, or designed to be used, in destroying, defeating or injuring a person. [1989 c.791 §2; 1991 c.291 §1; 1993 c.508 §44; 1995 c.79 §388; 1997 c.631 §565; 2001 c.104 §215; 2001 c.780 §§1,1a; 2003 c.14 §308; 2005 c.625 §§74,75; 2007 c.71 §154]
(Civil Forfeiture Generally)Section: 475A.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 Next
Last modified: August 7, 2008