2005 Oregon Code - Chapter 142 :: Chapter 142 - Stolen Property
Chapter 142 — Stolen Property
2005 EDITION
STOLEN PROPERTY
PROCEDURE IN CRIMINAL MATTERS GENERALLY
142.010Â Â Â Â OfficerÂ’s custody of stolen property is subject to order of magistrate or court
142.020Â Â Â Â Delivery of stolen property to owner
142.030Â Â Â Â Rights and authority conferred by order of delivery
142.040Â Â Â Â Disposal of unclaimed money or property; sale of property
142.050Â Â Â Â Title of purchaser at sale
142.060Â Â Â Â Crediting and appropriating proceeds of sale paid into county treasury; rights of owner
142.070Â Â Â Â Powers and duties of peace officers respecting theft and slaughter of animals and other property
     142.010
OfficerÂ’s custody of stolen property is subject to order of magistrate or
court. When property alleged to have been the subject of a theft comes into
the custody of a peace officer, the peace officer shall hold it subject to the
order of the magistrate or court, as provided in ORS 142.020. [Amended by 1971
c.743 §334]
     142.020
Delivery of stolen property to owner. (1) On satisfactory proof of the
title of the owner of the property, the magistrate who examines the charge
against the person accused of the crime shall order it to be delivered to the
owner, or the duly authorized agent of the owner, on the paying by the owner of
the reasonable and necessary expenses incurred in its preservation, which shall
be ascertained and certified by the magistrate.
     (2) If property that is the subject of a theft has not been delivered to the owner, the court before which a trial is had for the stealing thereof may, on like proof and condition, order its delivery to the owner or the agent of the owner. [Amended by 1971 c.743 §335]
     142.030
Rights and authority conferred by order of delivery. The order provided for
in ORS 142.020 entitles the owner or the agent of the owner to demand and
receive the possession of the property from the officer having it in custody
and authorizes such officer to deliver it accordingly; but it does not affect
the rights of third persons.
     142.040
Disposal of unclaimed money or property; sale of property. If stolen
property is not claimed by the owner within 60 days from the conviction of the
person charged with the theft, the officer having it in custody shall, if it is
money, pay it into the county treasury. If it is other property, the officer
may dispose of the property in accordance with ORS 98.245 or sell it as upon an
execution and, after paying the expenses of the sale and preservation of the
property, which shall be ascertained and certified by the clerk of the court,
pay the proceeds into the county treasury. [Amended by 1971 c.743 §336; 1997
c.480 §4]
     142.050
Title of purchaser at sale. A sale of property pursuant to ORS 142.040
conveys a good title to the purchaser as against any person.
     142.060
Crediting and appropriating proceeds of sale paid into county treasury; rights
of owner. Money paid into the county treasury pursuant to ORS 142.040 shall
be credited and appropriated as a fine imposed upon a person convicted of
theft; but the owner of the property, at any time within six years of the
conviction, upon making satisfactory proof of ownership before the county court
of the county, may, by the order of such court, have the proceeds repaid to the
owner from the county treasury. [Amended by 1971 c.743 §337]
     142.070
Powers and duties of peace officers respecting theft and slaughter of animals
and other property. All persons serving as special officers for the
enforcement of any state or municipal law hereby are vested with the full
powers of peace officers in so far as the same may be necessary or convenient
for the apprehension of any persons engaged in, or accused of, the theft or
slaughter of livestock, livestock carcasses, poultry, killed or dressed, or
other personal property and products of the same or different kind from farms,
pastures, ranges, industrial plants and other places of production or robbing
the owners of such personal property, or other persons in possession of the
same; for the prevention of such crimes; and for obtaining and seeking to
obtain evidence of such crimes. It is the duty of all peace officers in the
State of Oregon to enforce all laws for the protection of the property and the
prevention of the crimes above mentioned.
     142.080
[Amended by 1973 c.836 §77; renumbered 133.460]
     142.090
[Amended by 1973 c.836 §78; renumbered 133.465]
     142.100
[Amended by 1973 c.836 §79; renumbered 133.470]
     142.110
[Amended by 1973 c.836 §80; renumbered 133.475]
     142.120
[Renumbered 133.485]
     142.130
[Renumbered 133.495]
     142.210
[Amended by 1973 c.836 §76; renumbered 133.455]
     142.990
[Repealed by 1973 c.836 §358]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.