Oregon Statutes - Chapter 475A - Civil Forfeiture

• 475A.005   Definitions for chapter.
  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...
• 475A.010   Legislative findings; preemption of local laws; remedy not exclusive.
  (1) The Legislative Assembly finds that: (a) The prohibited conduct defined in this chapter is undertaken in the course of profitable activities which result in,...
• 475A.015   Right, title and interest in forfeited property vests in forfeiting agency.
  Subject to this chapter, all right, title and interest in property forfeited under this chapter shall vest in the forfeiting agency upon commission of the...
• 475A.020   Property subject to forfeiture generally.
  The following will be subject to civil in rem forfeiture: (1) All controlled substances which have been manufactured, distributed, dispensed, possessed or acquired in the...
• 475A.025   Property seized as result of consensual search of motor vehicle; written notice of right to refuse search required.
  (1) Notwithstanding any other provisions of this chapter, property that is seized solely on the basis of a consensual search of a motor vehicle is...
• 475A.030   Currency; seizure of less than $15,000.
  Notwithstanding any other provision of this chapter, United States currency in an amount less than $15,000 is not subject to seizure or forfeiture solely on...
• 475A.035   Procedure for seizure; immunities; constructive seizure; inventory.
  Property may be seized for forfeiture as provided in this section. (1) Any person who delivers property in obedience to an order or direction to...
• 475A.040   Amendment of inventory.
  If, prior to the commencement of forfeiture proceedings under ORS 475A.075, it is determined that the inventory prepared pursuant to ORS 475A.035 and 475A.055 is...
• 475A.045   Status of seized property; release; maintenance and use.
  (1)(a) Except as otherwise provided in this chapter, property seized for forfeiture is not subject to replevin, conveyance, sequestration or attachment, nor is it subject...
• 475A.050   Recorded notice of intent to forfeit real property; form.
  (1) Whenever the state or a political subdivision intends to forfeit any real property, the state or political subdivision may have recorded by the county...
• 475A.055   Nonjudicial forfeiture; notice of seizure for civil forfeiture; when notice need not be given; claims.
  Personal property which is not subject to an interest in favor of any person known to have an interest, other than a person who engaged...
• 475A.060   Petition for expedited hearing; relief authorized; time of hearing.
  (1) A person claiming an interest in property seized pursuant to this chapter may file a petition for an expedited hearing within 15 days after...
• 475A.065   Expedited hearing on claimed affirmative defense.
  (1) In any expedited hearing under ORS 475A.060 in which petitioner seeks a determination at the hearing of any of the affirmative defenses provided for...
• 475A.070   Order restoring custody of property after expedited hearing; requirements; enforcement.
  (1) An order restoring custody to a petitioner under ORS 475A.060 or 475A.065 shall: (a) Prohibit the petitioner from using the property in unlawful conduct...
• 475A.075   Civil action for forfeiture; when required; complaint; affidavit in response.
  A civil action in rem may be brought as provided in this section in any case in which forfeiture is sought. A civil action in...
• 475A.080   Standards of proof in civil action for forfeiture.
  (1) Except as provided in subsection (2) of this section, in all civil forfeiture actions the forfeiting agency must prove that the claimant of the...
• 475A.085   Affirmative defenses in civil action for forfeiture.
  (1) A claimant may plead as an affirmative defense that the property was seized in violation of ORS 475A.025. (2) In any action brought against...
• 475A.090   [1993 c.699 §13; repealed by 2001 c.780 §32]
• 475A.091   Motion for mitigation; order of court.
  (1) If it has been determined in an action brought under the provisions of ORS 475A.075 that the plaintiff has prevailed as to some or...
• 475A.095   [1993 c.699 §14; repealed by 2001 c.780 §32]
• 475A.096   Minimum forfeiture; offer of compromise.
  (1) Subject to subsection (2) of this section, the court shall forfeit to the forfeiting agency at least as much of the defendant property as...
• 475A.100   Factors to be considered by court in determining if forfeiture excessive.
  The court shall consider the following factors in determining whether any portion of the proposed judgment of forfeiture is excessive: (1) The court shall enter...
• 475A.105   [1993 c.699 §16; repealed by 2001 c.780 §32]
• 475A.110   Judgment of forfeiture; contents; effect.
  (1) A judgment of forfeiture shall recite the basis for the judgment. (2) If no financial institutions have filed the affidavit described in ORS 475A.075...
• 475A.111   Appellate review of order of mitigation.
  (1) In any appeal from a judgment of forfeiture, review of any mitigation ordered by the trial court shall be limited to the following: (a)...
• 475A.115   Equitable distribution of property or proceeds; intergovernmental agreements.
  Distribution of property or proceeds in accordance with this chapter shall be made equitably and may be pursuant to intergovernmental agreement under ORS chapter 190....
• 475A.120   Distribution of forfeited property or proceeds by local government.
  (1) The provisions of this section apply to a forfeiting agency other than the state. (2) Except as otherwise provided by intergovernmental agreement and this...
• 475A.125   [1989 c.791 §11b; 1991 c.276 §3; 1991 c.290 §3; 1993 c.699 §7; 1995 c.79 §390; 1997 c.592 §2; 1999 c.59 §152; repealed by 2001 c.780 §32]
• 475A.126   Distribution of forfeited property or proceeds by state.
  (1) The provisions of this section apply only when the forfeiting agency is the state. (2) Except as otherwise provided by intergovernmental agreement and this...
• 475A.130   Special Crime and Forfeiture Account.
  The Special Crime and Forfeiture Account is established in the General Fund of the State Treasury. The account shall consist of all forfeiture proceeds received...
• 475A.135   [1989 c.791 §20; 1999 c.59 §154; repealed by 2001 c.780 §32]
• 475A.155   Asset Forfeiture Oversight Advisory Committee.
  (1) The Asset Forfeiture Oversight Advisory Committee is created. The committee consists of 12 members to be appointed as follows: (a) The President of the...
• 475A.160   Asset Forfeiture Oversight Account.
  (1) The Asset Forfeiture Oversight Account is established in the State Treasury separate and distinct from the General Fund. (2) The following moneys shall be...

Last modified: August 7, 2008