2007 Oregon Code - Chapter 131 :: TITLE 14
TITLE 14
PROCEDURE IN
CRIMINAL MATTERS GENERALLY
Chapter 131. Preliminary Provisions; Limitations;
Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention
132. Grand Jury, Indictments and Other
Accusatory Instruments
133. Arrest and Related Procedures; Search and
Seizure; Extradition
135. Arraignment and Pretrial Provisions
136. Criminal Trials
137. Judgment and Execution; Parole and
Probation by the Court
138. Appeals; Post-Conviction Relief
142. Stolen Property
144. Parole; Post-Prison Supervision; Work
Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence
Reports
146. Investigations of Deaths, Injuries and
Missing Persons
147. Victims of Crime and Acts of Mass
Destruction
151. Public Defenders; Counsel for Financially
Eligible Persons
153. Violations and Traffic Offenses
_______________
Chapter 131
Preliminary Provisions; Limitations; Jurisdiction;
Venue;
Criminal Forfeiture; Crime Prevention
2007 EDITION
PRELIMINARY PROVISIONS
PROCEDURE IN CRIMINAL MATTERS GENERALLY
PUBLIC SAFETY STRATEGIES TASK FORCE
(Temporary provisions relating to Public Safety Strategies Task Force
are compiled as notes preceding ORS 131.005)
PRELIMINARY PROVISIONS
131.005 General
definitions
131.007 Victim
defined
131.015 Application
to prior and subsequent actions
131.025 Parties
in criminal action
131.035 When
departures, errors or mistakes in pleadings or proceedings are material
131.040 When
law enforcement officer may communicate with person represented by counsel
131.045 Appearances
by simultaneous electronic transmission
TIME LIMITATIONS
131.105 Timeliness
of criminal actions
131.125 Time
limitations
131.135 When
prosecution commenced
131.145 When
time starts to run; tolling of statute
131.155 Tolling
of statute; three-year maximum
JURISDICTION
131.205 Definition
for ORS 131.205 to 131.235
131.215 Jurisdiction
131.225 Exceptions
131.235 Criminal
homicide
VENUE
131.305 Place
of trial
131.315 Special
provisions
131.325 Place
of trial; doubt as to place of crime; conduct outside of state
131.335 Change
of venue
131.345 Motion
for change of venue; when made
131.355 Change
of venue for prejudice
131.363 Change
of venue in other cases
131.375 Transmission
of transcript on change of venue
131.385 Filing
of transmitted transcript and papers
131.395 Expenses
of change; taxation as costs
131.405 Attendance
of defendant at new place of trial
131.415 Conveyance
of defendant in custody after change of venue
FORMER JEOPARDY
131.505 Definitions
for ORS 131.505 to 131.525
131.515 Previous
prosecution; when a bar to second prosecution
131.525 Previous
prosecution; when not a bar to subsequent prosecution
131.535 Proceedings
not constituting acquittal
CRIMINAL FORFEITURE
131.550 Definitions
for ORS 131.550 to 131.600
131.553 Legislative
findings; effect on local laws; remedy not exclusive
131.556 Right,
title and interest in forfeited property vests in seizing agency
131.558 Property
subject to forfeiture
131.561 Seizure
of property subject to forfeiture
131.564 Status
of seized property; release; maintenance and use
131.567 Recorded
notice of intent to forfeit real property; form
131.570 Notice
of seizure for forfeiture; service on persons other than defendant; publication
of notice
131.573 Petition
for expedited hearing
131.576 Order
restoring custody of property after expedited hearing
131.579 Affidavit
in response to notice of seizure for forfeiture
131.582 Prosecution
of criminal forfeiture; indictment or information; burden of proof; judgment; notice
to claimants
131.585 Extent
of judgment
131.588 Judgment
of forfeiture; contents; effect
131.591 Equitable
distribution of property or proceeds; intergovernmental agreements
131.594 Disposition
and distribution of forfeited property when seizing agency not the state
131.597 Disposition
and distribution of forfeited property when seizing agency is the state
131.600 Records
and reports
131.602 Prohibited
conduct for purposes of instrumentalities of crime
131.604 Disposition
of forfeited cigarettes
CRIME PREVENTION
(Stopping of Persons)
131.605 Definitions
for ORS 131.605 to 131.625
131.615 Stopping
of persons
131.625 Frisk
of stopped persons
(Detention)
131.655 Detention
and interrogation of persons suspected of theft committed in a store or
unlawful operation of audiovisual device in a motion picture theater; probable
cause
(Prevention by Public Officers)
131.665 Prevention
by public officers
131.675 Dispersal
of unlawful or riotous assemblages
131.685 Authority
of Governor to enter into agreements with other states for crime prevention
purposes
(Exclusion from Public Property)
131.705 Definitions
for ORS 131.705 to 131.735
131.715 Proclamation
of emergency period by Governor
131.725 Exclusion
from public property
131.735 Review
of exclusion order
(Special Law Enforcement Officers)
131.805 Authority
to employ special agents
131.815 Presentment
of facts to circuit court
131.825 Hearing
131.835 Request
that judge of another district conduct hearing; traveling expenses
131.845 Findings
131.855 Appointment
of special officers on finding that laws are not enforced
131.860 Qualifying
of special officers; powers and duties
131.865 Compensation
of special officers
131.875 Effect
of appointment of special officers on salary of regular officers
131.880 Appointment
of railroad police officers; liability
(Rewards)
131.885 Offer
of reward
131.890 Entitlement
to reward; use of public money to reward bounty hunter
131.892 Offer
of reward for information on commission of criminal offense
131.895 Procedure
for payment
131.897 Authority
to order repayment of reward as part of sentence
LIABILITY FOR MEDICAL EXPENSES OF CERTAIN
PERSONS
131.900 Liability
for medical expenses for person restrained, detained or taken into custody
LAW ENFORCEMENT CONTACTS POLICY AND DATA
REVIEW COMMITTEE
131.905 Legislative
findings
131.906 Law
Enforcement Contacts Policy and Data Review Committee; duties; report
131.908 Funding
contributions
131.909 Moneys
received
131.910 Measuring
progress
PUBLIC SAFETY STRATEGIES TASK FORCE
Note: Sections 1 and 2, chapter 832, Oregon Laws
2007, provide:
Sec.
1. (1) There is created the
Public Safety Strategies Task Force consisting of six members appointed as
follows:
(a) The President of the Senate shall
appoint two members from among members of the Senate. One member must be either
an independent or a member of the Democratic party and one must be a member of
the Republican party.
(b) The Speaker of the House of
Representatives shall appoint two members from among members of the House of
Representatives. One member must be a member of the Democratic party and one
must be a member of the Republican party.
(c) The Governor shall appoint two
members.
(2) The task force shall:
(a) Evaluate the amount of investments in
state-funded programs, including but not limited to child development programs,
to ensure that the funding effectively and efficiently reduces crime;
(b) Evaluate the amount of investments in
state-funded programs that effectively reduce crime rates and victimization
rates by reducing recidivism rates;
(c) Identify ways in which the state can
increase support for state-funded programs that reduce criminal and delinquent
behavior and reduce crime rates;
(d) Identify ways in which the state can
prevent citizens from becoming involved in crime;
(e) Make recommendations in order for
sentencing laws to better meet the principles of section 15, Article I of the
Oregon Constitution;
(f) Make recommendations based upon
cost-benefit analyses of state criminal justice policies; and
(g) Consider the best use of available
resources to reduce crime rates and victimization rates and hold offenders
accountable for their actions, including but not limited to the expanded use of
DNA sampling, the expanded use of nationwide criminal background checks in
jails, improvements in probation, parole and post-prison supervision, and the
increased use of local jail beds by the Department of Corrections.
(3) A majority of the members of the task
force constitutes a quorum for the transaction of business.
(4) Official action by the task force
requires the approval of a majority of the members of the task force.
(5) The task force shall elect one of its
members to serve as chairperson.
(6) If there is a vacancy for any cause,
the appointing authority shall make an appointment to become immediately
effective.
(7) The task force shall meet at times and
places specified by the call of the chairperson or of a majority of the members
of the task force.
(8) The task force may adopt rules
necessary for the operation of the task force.
(9) The task force shall consult with and
may receive testimony from persons knowledgeable in, and representing diverse
viewpoints on, public safety issues. These persons may include persons who are,
or who represent, crime victims, district attorneys, sheriffs, police chiefs,
police officers, public defenders, judges, prevention and treatment providers,
corrections officers and criminologists.
(10) The task force shall submit a report
containing the results of its evaluations and its recommendations, which may
include recommendations for legislation, to an interim committee related to the
judiciary no later than October 1, 2008.
(11) The Legislative Administrator shall
provide staff support to the task force.
(12) Members of the task force who are not
members of the Legislative Assembly are not entitled to compensation or
reimbursement for expenses and serve as volunteers on the task force.
(13) All agencies of state government, as
defined in ORS 174.111, are directed to assist the task force in the
performance of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the members of the
task force consider necessary to perform their duties. [2007 c.832 §1]
Sec.
2. Section 1 of this 2007
Act is repealed on the date of the convening of the next regular biennial
legislative session [January 12, 2009]. [2007 c.832 §2]
PRELIMINARY
PROVISIONS
131.005
General definitions. As used
in sections 1 to 311, chapter 836,
(1) Accusatory instrument means a grand
jury indictment, an information or a complaint.
(2) Bench warrant means a process of a
court in which a criminal action is pending, directing a peace officer to take
into custody a defendant in the action who has previously appeared before the
court upon the accusatory instrument by which the action was commenced, and to
bring the defendant before the court. The function of a bench warrant is to
achieve the court appearance of a defendant in a criminal action for some
purpose other than the initial arraignment of the defendant in the action.
(3) Complaint means a written
accusation, verified by the oath of a person and bearing an indorsement of
acceptance by the district attorney having jurisdiction thereof, filed with a
magistrate, and charging another person with the commission of an offense,
other than an offense punishable as a felony. A complaint serves both to
commence an action and as a basis for prosecution thereof.
(4) Complainants information means a
written accusation, verified by the oath of a person and bearing an indorsement
of acceptance by the district attorney having jurisdiction thereof, filed with
a magistrate, and charging another person with the commission of an offense
punishable as a felony. A complainants information serves to commence an
action, but not as a basis for prosecution thereof.
(5) Correctional facility means any
place used for the confinement of persons charged with or convicted of a crime
or otherwise confined under a court order. Correctional facility does not
include a youth correction facility as defined in ORS 162.135 and applies to a state
hospital only as to persons detained therein charged with or convicted of a
crime, or detained therein after acquittal of a crime by reason of mental
disease or defect under ORS 161.290 to 161.370.
(6) Criminal action means an action at
law by means of which a person is accused of the commission of a violation,
misdemeanor or felony.
(7) Criminal proceeding means any
proceeding which constitutes a part of a criminal action or occurs in court in
connection with a prospective, pending or completed criminal action.
(8) District attorney, in addition to
its ordinary meaning, includes a city attorney as prosecuting officer in the
case of municipal ordinance offenses, a county counsel as prosecuting officer
under a county charter in the case of county ordinance offenses, and the
Attorney General in those criminal actions or proceedings within the
jurisdiction of the Attorney General.
(9) District attorneys information
means a written accusation by a district attorney and:
(a) If filed with a magistrate to charge a
person with the commission of an offense, other than an offense punishable as a
felony, serves both to commence an action and as a basis for prosecution
thereof; or
(b) If filed with a magistrate to charge a
person with the commission of an offense punishable as a felony, serves to
commence an action, but not as a basis for prosecution thereof; or
(c) If, as is otherwise authorized by law,
filed in circuit court to charge a person with the commission of an offense,
serves as a basis for prosecution thereof.
(10) Information means a district
attorneys information or a complainants information.
(11) Probable cause means that there is
a substantial objective basis for believing that more likely than not an
offense has been committed and a person to be arrested has committed it.
(12) Trial court means a court which by
law has jurisdiction over an offense charged in an accusatory instrument and
has authority to accept a plea thereto, or try, hear or otherwise dispose of a
criminal action based on the accusatory instrument.
(13) Ultimate trial jurisdiction means
the jurisdiction of a court over a criminal action or proceeding at the highest
trial level.
(14) Warrant of arrest means a process
of a court, directing a peace officer to arrest a defendant and to bring the
defendant before the court for the purpose of arraignment upon an accusatory
instrument filed therewith by which a criminal action against the defendant has
been commenced. [1973 c.836 §1; 1983 c.760 §1; 1995 c.738 §3; 1997 c.249 §42;
1997 c.801 §101; 1999 c.1051 §122]
Note: Legislative Counsel has substituted chapter
836, Oregon Laws 1973, for the words this Act in sections 1 and 2, chapter
836, Oregon Laws 1973, compiled as 131.005 and 131.015. Specific ORS references
have not been substituted, pursuant to 173.160. These sections may be
determined by referring to the 1973 Comparative Section Table located in Volume
20 of ORS.
131.007
Victim defined. As used in
ORS 40.385, 135.230, 135.406, 135.970, 147.417, 147.419 and 147.421 and in ORS
chapters 136, 137 and 144, except as otherwise specifically provided or unless
the context requires otherwise, victim means the person or persons who have
suffered financial, social, psychological or physical harm as a result of a
crime and includes, in the case of a homicide or abuse of corpse in any degree,
a member of the immediate family of the decedent and, in the case of a minor
victim, the legal guardian of the minor. In no event shall the criminal
defendant be considered a victim. [1987 c.2 §17; 1993 c.294 §3; 1997 c.313 §30]
131.010 [Repealed by 1973 c.836 §358]
131.015
Application to prior and subsequent actions.(1) The provisions of chapter 836, Oregon Laws 1973, apply to:
(a) All criminal actions and proceedings
commenced upon or after January 1, 1974, and all appeals and other
post-judgment proceedings relating or attaching thereto; and
(b) All matters of criminal procedure
prescribed in chapter 836, Oregon Laws 1973, which do not constitute a part of
any particular action or case, occurring upon or after January 1, 1974.
(2) The provisions of chapter 836,
Note: See note under 131.005.
131.020 [Repealed by 1973 c.836 §358]
131.025
Parties in criminal action.
Except for offenses based on municipal or county ordinances, in a criminal
action the State of
131.030 [Repealed by 1973 c.836 §358]
131.035
When departures, errors or mistakes in pleadings or proceedings are material. No departure from the form or mode prescribed
by law, error or mistake in any criminal pleading, action or proceeding renders
it invalid, unless it has prejudiced the defendant in respect to a substantial
right. [1973 c.836 §4]
131.040
When law enforcement officer may communicate with person represented by
counsel. A law enforcement
officer may communicate with a person who is represented by counsel without
obtaining the prior consent of counsel, and an attorney who prosecutes
violations of the criminal laws of this state or the United States is not
required to forbid or otherwise prevent the communication, if:
(1) The communication is related to a
criminal investigation;
(2) No accusatory instrument has been
filed charging the person with the commission of an offense that is the subject
of the investigation or communication, and no juvenile petition has been filed
alleging acts that would constitute the commission of an offense that is the
subject of the investigation or communication; and
(3) The communication is not in violation
of the Constitution of the
131.045
Appearances by simultaneous electronic transmission. (1) As used in this section:
(a) Criminal proceeding has the meaning
given that term in ORS 131.005.
(b) Parties means the State of
(c) Simultaneous electronic transmission
means television, telephone or any other form of electronic communication
transmission if the form of transmission allows:
(A) The court and the person making the
appearance to communicate with each other during the proceeding;
(B) A defendant who is represented by
counsel to consult privately with defense counsel during the proceeding;
(C) The victim to participate in the
proceeding to the same extent that the victim is entitled to participate when
the person making the appearance is physically present in the court; and
(D) The public to hear and, if the
transmission includes a visual image, to see the appearance if the public has a
right to hear and see the appearance when the person making the appearance is physically
present in the court.
(2) When a statute authorizes or requires
a person to make a personal appearance before a court in a criminal proceeding,
the person may appear by being physically present in the court or by
simultaneous electronic transmission if:
(a) Simultaneous electronic transmission
is authorized by court rule under subsection (3) of this section;
(b) Except as otherwise provided by law,
the parties in the proceeding and the court agree to appearance by simultaneous
electronic transmission; and
(c) Appearance by simultaneous electronic
transmission is not specifically prohibited by statute.
(3) In order for a person to appear by
simultaneous electronic transmission as provided in this section, court rules
must provide for the use of the specific type of simultaneous electronic
transmission at the court location and for the type of proceeding in which the
person is appearing. Court rules allowing the use of simultaneous electronic
transmission may establish requirements for its use.
(4) Notwithstanding subsection (2) of this
section, a person may not appear before a jury by simultaneous electronic
transmission.
(5) This section does not apply to a
hearing under ORS 138.510 to 138.680. [2005 c.566 §4]
TIME
LIMITATIONS
131.105
Timeliness of criminal actions.
A criminal action must be commenced within the period of limitation prescribed
in ORS 131.125 to 131.155. [1973 c.836 §5]
131.110 [Amended by 1971 c.743 §315a; repealed by
1973 c.836 §358]
131.120 [Repealed by 1973 c.836 §358]
131.125
Time limitations. (1) A
prosecution for aggravated murder, murder, attempted murder or aggravated
murder, conspiracy or solicitation to commit aggravated murder or murder or any
degree of manslaughter may be commenced at any time after the commission of the
attempt, conspiracy or solicitation to commit aggravated murder or murder, or
the death of the person killed.
(2) A prosecution for any of the following
felonies may be commenced within six years after the commission of the crime
or, if the victim at the time of the crime was under 18 years of age, anytime
before the victim attains 30 years of age or within 12 years after the offense
is reported to a law enforcement agency or the Department of Human Services,
whichever occurs first:
(a) Criminal mistreatment in the first
degree under ORS 163.205.
(b) Rape in the third degree under ORS
163.355.
(c) Rape in the second degree under ORS
163.365.
(d) Rape in the first degree under ORS
163.375.
(e) Sodomy in the third degree under ORS
163.385.
(f) Sodomy in the second degree under ORS
163.395.
(g) Sodomy in the first degree under ORS
163.405.
(h) Unlawful sexual penetration in the
second degree under ORS 163.408.
(i) Unlawful sexual penetration in the
first degree under ORS 163.411.
(j) Sexual abuse in the second degree
under ORS 163.425.
(k) Sexual abuse in the first degree under
ORS 163.427.
(L) Using a child in a display of sexual
conduct under ORS 163.670.
(m) Encouraging child sexual abuse in the
first degree under ORS 163.684.
(n) Incest under ORS 163.525.
(o) Promoting prostitution under ORS
167.012.
(p) Compelling prostitution under ORS
167.017.
(q) Luring a minor under ORS 167.057.
(3) A prosecution for any of the following
misdemeanors may be commenced within four years after the commission of the
crime or, if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 22 years of age or within four years after
the offense is reported to a law enforcement agency or the Department of Human Services,
whichever occurs first:
(a) Sexual abuse in the third degree under
ORS 163.415.
(b) Furnishing sexually explicit material
to a child under ORS 167.054.
(c) Exhibiting an obscene performance to a
minor under ORS 167.075.
(d) Displaying obscene materials to minors
under ORS 167.080.
(4) In the case of crimes described in
subsection (2)(L) of this section, the victim is the child engaged in sexual
conduct. In the case of the crime described in subsection (2)(n) of this
section, the victim is the party to the incest other than the party being
prosecuted. In the case of crimes described in subsection (2)(o) and (p) of
this section, the victim is the child whose acts of prostitution are promoted
or compelled.
(5) A prosecution for arson in any degree
may be commenced within six years after the commission of the crime.
(6) Except as provided in subsection (7)
of this section or as otherwise expressly provided by law, prosecutions for
other offenses must be commenced within the following periods of limitations
after their commission:
(a) For any other felony, three years.
(b) For any misdemeanor, two years.
(c) For a violation, six months.
(7) If the period prescribed in subsection
(6) of this section has expired, a prosecution nevertheless may be commenced as
follows:
(a) If the offense has as a material
element either fraud or the breach of a fiduciary obligation, prosecution may
be commenced within one year after discovery of the offense by an aggrieved
party or by a person who has a legal duty to represent an aggrieved party and
who is not a party to the offense, but in no case shall the period of
limitation otherwise applicable be extended by more than three years;
(b) If the offense is based upon
misconduct in office by a public officer or employee, prosecution may be
commenced at any time while the defendant is in public office or employment or
within two years thereafter, but in no case shall the period of limitation
otherwise applicable be extended by more than three years; or
(c) If the offense is an invasion of
personal privacy under ORS 163.700, prosecution may be commenced within one
year after discovery of the offense by the person aggrieved by the offense, by
a person who has a legal duty to represent the person aggrieved by the offense
or by a law enforcement agency, but in no case shall the period of limitation
otherwise applicable be extended by more than three years.
(8) Notwithstanding subsection (2) of this
section, a prosecution for rape in the first or second degree, sodomy in the
first or second degree, unlawful sexual penetration in the first or second
degree or sexual abuse in the first degree may be commenced within 25 years
after the commission of the crime if the defendant is identified after the
period described in subsection (2) of this section on the basis of DNA
(deoxyribonucleic acid) sample comparisons.
(9) Notwithstanding subsection (8) of this
section, if a prosecution for a felony listed in subsection (8) of this section
would otherwise be barred by subsection (2) of this section, the prosecution
must be commenced within two years of the DNA-based identification of the
defendant. [1973 c.836 §6; 1989 c.831 §1; 1991 c.386 §5; 1991 c.388 §1; 1991
c.830 §5; 1995 c.768 §8; 1997 c.427 §1; 1997 c.697 §3; 1997 c.850 §5; 2001
c.375 §1; 2005 c.252 §1; 2005 c.839 §1; 2007 c.840 §1; 2007 c.869 §6]
131.130 [Repealed by 1973 c.836 §358]
131.135
When prosecution commenced.
A prosecution is commenced when a warrant or other process is issued, provided
that the warrant or other process is executed without unreasonable delay. [1973
c.836 §7]
131.145
When time starts to run; tolling of statute. (1) For the purposes of ORS 131.125, time starts to run on the day
after the offense is committed.
(2) Except as provided in ORS 131.155, the
period of limitation does not run during:
(a) Any time when the accused is not an
inhabitant of or usually resident within this state; or
(b) Any time when the accused hides within
the state so as to prevent process being served upon the accused.
(3) If, when the offense is committed, the
accused is out of the state, the action may be commenced within the time
provided in ORS 131.125 after the coming of the accused into the state. [1973
c.836 §8; 1987 c.158 §19]
131.155
Tolling of statute; three-year maximum. Notwithstanding ORS 131.145, in no case shall the period of limitation
otherwise applicable be extended by more than three years. [1973 c.836 §9]
JURISDICTION
131.205
Definition for ORS 131.205 to 131.235. As used in ORS 131.205 to 131.235, this state means the land and
water and the air space above the land and water with respect to which the
State of
131.210 [Repealed by 1973 c.836 §358]
131.215
Jurisdiction. Except as
otherwise provided in ORS 131.205 to 131.235, a person is subject to
prosecution under the laws of this state for an offense that the person commits
by the conduct of the person or the conduct of another for which the person is
criminally liable if:
(1) Either the conduct that is an element
of the offense or the result that is an element occurs within this state; or
(2) Conduct occurring outside this state
is sufficient under the law of this state to constitute an attempt to commit an
offense within this state; or
(3) Conduct occurring outside this state
is sufficient under the law of this state to constitute a conspiracy to commit
an offense within this state and an overt act in furtherance of the conspiracy
occurs within this state; or
(4) Conduct occurring within this state
establishes complicity in the commission of, or an attempt, solicitation or
conspiracy to commit an offense in another jurisdiction which also is an
offense under the law of this state; or
(5) The offense consists of the omission
to perform a legal duty imposed by the law of this state with respect to
domicile, residence or a relationship to a person, thing or transaction in this
state; or
(6) The offense violates a statute of this
state that expressly prohibits conduct outside this state affecting a
legislatively protected interest of or within this state and the actor has
reason to know that the conduct of the actor is likely to affect that interest.
[1973 c.836 §10]
131.220 [Repealed by 1973 c.836 §358]
131.225
Exceptions. (1) Unless in
the statute defining the offense a legislative intent clearly appears to
declare the conduct criminal, regardless of the place of the result, ORS
131.215 (1) does not apply if:
(a) Either causing a specified result or
an intent to cause or danger of causing that result is an element of an
offense; and
(b) The result occurs or is designed or
likely to occur only in another jurisdiction where the conduct charged would
not constitute an offense.
(2) ORS 131.215 (1) does not apply if
causing a particular result is an element of an offense and the result is
caused by conduct occurring outside this state that would not constitute an
offense if the result had occurred there, unless the actor intentionally or
knowingly caused the result within this state. [1973 c.836 §11]
131.230 [Repealed by 1973 c.836 §358]
131.235
Criminal homicide. (1) If
the offense committed is criminal homicide, either the death of the victim or
the conduct causing death constitutes a result within the meaning of ORS
131.215 (1).
(2) If the body, or a part thereof, of a
criminal homicide victim is found within this state, it shall be prima facie
evidence that the result occurred within this state. [1973 c.836 §12]
131.240 [Repealed by 1973 c.836 §358]
131.250 [1971 c.743 §291; repealed by 1973 c.836 §358]
VENUE
131.305
Place of trial. (1) Except
as otherwise provided in ORS 131.305 to 131.415, criminal actions shall be
commenced and tried in the county in which the conduct that constitutes the
offense or a result that is an element of the offense occurred.
(2) All objections of improper place of
trial are waived by a defendant unless the defendant objects in the manner set
forth in ORS 131.335 to 131.363. [1973 c.836 §14]
131.310 [Repealed by 1973 c.836 §358]
131.315
Special provisions. (1) If
conduct constituting elements of an offense or results constituting elements of
an offense occur in two or more counties, trial of the offense may be held in
any of the counties concerned.
(2) If a cause of death is inflicted on a
person in one county and the person dies therefrom in another county, trial of
the offense may be held in either county.
(3) If the commission of an offense
commenced outside this state is consummated within this state, trial of the
offense shall be held in the county in which the offense is consummated or the
interest protected by the criminal statute in question is impaired.
(4) If an offense is committed on any body
of water located in, or adjacent to, two or more counties or forming the
boundary between two or more counties, trial of the offense may be held in any
nearby county bordering on the body of water.
(5) If an offense is committed in or upon
any railroad car, vehicle, aircraft, boat or other conveyance in transit and it
cannot readily be determined in which county the offense was committed, trial
of the offense may be held in any county through or over which the conveyance
passed.
(6) If an offense is committed on the
boundary of two or more counties or within one mile thereof, trial of the offense
may be held in any of the counties concerned.
(7) A person who commits theft, burglary
or robbery may be tried in any county in which the person exerts control over
the property that is the subject of the crime.
(8) If the offense is an attempt or
solicitation to commit a crime, trial of the offense may be held in any county
in which any act that is an element of the offense is committed.
(9) If the offense is criminal conspiracy,
trial of the offense may be held in any county in which any act or agreement
that is an element of the offense occurs.
(10) A person who in one county commits an
inchoate offense that results in the commission of an offense by another person
in another county, or who commits the crime of hindering prosecution of the principal
offense, may be tried in either county.
(11) A criminal nonsupport action may be
tried in any county in which the dependent child is found, irrespective of the
domicile of the parent, guardian or other person lawfully charged with support
of the child.
(12) If the offense is theft, forgery or
identity theft and the offense consists of an aggregate transaction involving
more than one county, trial of the offense may be held in any county in which
one of the acts of theft, forgery or identity theft was committed.
(13) When a prosecution is for violation
of the Oregon Securities Law, the trial of the offense may be held in the
county in which:
(a) The offer to purchase or sell
securities took place or where the sale or purchase of securities took place;
or
(b) Any act that is an element of the
offense occurred.
(14) When a prosecution under ORS 165.692
and 165.990 or 411.675 and 411.990 (2) and (3) involves Medicaid funds, the
trial of the offense may be held in the county in which the claim was submitted
for payment or in the county in which the claim was paid. [1973 c.836 §15; 1987
c.603 §26; 1989 c.384 §1; 1993 c.680 §28; 1995 c.496 §7; 2007 c.584 §3]
131.320 [Repealed by 1973 c.836 §358]
131.325
Place of trial; doubt as to place of crime; conduct outside of state. If an offense is committed within the state
and it cannot readily be determined within which county the commission took
place, or a statute that governs conduct outside the state is violated, trial
may be held in the county in which the defendant resides, or if the defendant
has no fixed residence in this state, in the county in which the defendant is
apprehended or to which the defendant is extradited. [1973 c.836 §16]
131.330 [Repealed by 1973 c.836 §358]
131.335
Change of venue. In
accordance with ORS 131.345 to 131.415, the defendant in a criminal action may
have the place of trial changed only once, except for causes arising after the
first change was allowed. [1973 c.836 §17]
131.340 [Repealed by 1973 c.836 §358]
131.345
Motion for change of venue; when made. A motion for change of venue may be made in any criminal action in a
circuit court when the case is at issue upon a question of fact. [1973 c.836 §18]
131.350 [Amended by 1971 c.743 §316; repealed by
1973 c.836 §358]
131.355
Change of venue for prejudice.
The court, upon motion of the defendant, shall order the place of trial to be
changed to another county if the court is satisfied that there exists in the
county where the action is commenced so great a prejudice against the defendant
that the defendant cannot obtain a fair and impartial trial. [1973 c.836 §19]
131.360 [Amended by 1973 c.743 §317; repealed by
1973 c.836 §358]
131.363
Change of venue in other cases.
For the convenience of parties and witnesses, and in the interest of justice,
the court, upon motion of the defendant, may order the place of trial to be
changed to another county. [1973 c.836 §20]
131.365 [1959 c.664 §5; repealed by 1973 c.836 §358]
131.370 [Repealed by 1973 c.836 §358]
131.375
Transmission of transcript on change of venue. When the court has ordered a change of
venue, the clerk shall forthwith make and retain authenticated copies of the
original papers filed in the case and transmit to the clerk of the proper court
a transcript of the proceedings and the original papers. [1973 c.836 §21]
131.380 [Repealed by 1973 c.836 §358]
131.385
Filing of transmitted transcript and papers. The change of the place of trial is complete when the transcript and
papers are filed with the clerk of the court to which the trial is transferred,
and thereafter the action shall proceed in the same manner as if it had been
commenced in that court. [1973 c.836 §22]
131.390 [Amended by 1971 c.746 §318; repealed by
1973 c.836 §358]
131.395
Expenses of change; taxation as costs. (1) The expenses of the change of place of trial under ORS 131.363
shall be taxed, as allowed by law, as expenses of the action, and the costs and
expenses of the action shall be taxed in the court and paid by the county wherein
the trial is held. If the costs and expenses are not recovered from the
defendant, the county in which the action was commenced shall repay the county
in which the trial is held.
(2) The expenses of a change of place of
trial under ORS 131.355 shall not be taxed against the defendant. [1973 c.836 §23]
131.400 [Repealed by 1973 c.836 §358]
131.405
Attendance of defendant at new place of trial. (1) When the court has ordered a change of
place of trial, if the defendant has been released on security release,
conditional release or recognizance, the defendant must, without further
notice, appear at the time and place appointed for trial and not depart
therefrom without permission of the court.
(2) A security deposit is sufficient
therefor in all respects as if the action had proceeded to final determination
in the court where it was commenced. [1973 c.836 §24]
131.410 [Repealed by 1973 c.836 §358]
131.415
Conveyance of defendant in custody after change of venue. When the court has ordered a change of place
of trial, if the defendant is in custody, the clerk of the court shall issue an
order to the sheriff of the county, directing the sheriff to safely convey the
defendant and deliver the defendant to the custody of the executive head of the
correctional institution of the county where the defendant is to be tried. [1973
c.836 §25]
131.420 [Amended by 1961 c.442 §1; repealed by 1973
c.836 §358]
131.430 [Repealed by 1973 c.836 §358]
131.440 [Repealed by 1973 c.836 §358]
131.450 [Repealed by 1973 c.836 §358]
131.460 [Repealed by 1973 c.836 §358]
131.470 [Repealed by 1973 c.836 §358]
FORMER
JEOPARDY
131.505
Definitions for ORS 131.505 to 131.525. As used in ORS 131.505 to 131.525, unless the context requires
otherwise:
(1) Conduct and offense have the
meaning provided for those terms in ORS 161.085 and 161.505.
(2) When the same conduct or criminal
episode violates two or more statutory provisions, each such violation
constitutes a separate and distinct offense.
(3) When the same conduct or criminal
episode, though violating only one statutory provision, results in death,
injury, loss or other consequences of two or more victims, and the result is an
element of the offense defined, there are as many offenses as there are
victims.
(4) Criminal episode means continuous
and uninterrupted conduct that establishes at least one offense and is so
joined in time, place and circumstances that such conduct is directed to the
accomplishment of a single criminal objective.
(5) A person is prosecuted for an offense
when the person is charged therewith by an accusatory instrument filed in any
court of this state or in any court of any political subdivision of this state,
and when the action either:
(a) Terminates in a conviction upon a plea
of guilty, except as provided in ORS 131.525 (2);
(b) Proceeds to the trial stage and the
jury is impaneled and sworn; or
(c) Proceeds to the trial stage when a
judge is the trier of fact and the first witness is sworn.
(6) There is an acquittal if the prosecution
results in a finding of not guilty by the trier of fact or in a determination
that there is insufficient evidence to warrant a conviction. [1973 c.836 §26;
1983 c.509 §1; 2001 c.104 §42]
131.515
Previous prosecution; when a bar to second prosecution. Except as provided in ORS 131.525 and
131.535:
(1) No person shall be prosecuted twice
for the same offense.
(2) No person shall be separately
prosecuted for two or more offenses based upon the same criminal episode, if
the several offenses are reasonably known to the appropriate prosecutor at the
time of commencement of the first prosecution and establish proper venue in a
single court.
(3) If a person is prosecuted for an
offense consisting of different degrees, the conviction or acquittal resulting
therefrom is a bar to a later prosecution for the same offense, for any
inferior degree of the offense, for an attempt to commit the offense or for an
offense necessarily included therein.
(4) A finding of guilty of a lesser
included offense on any count is an acquittal of the greater inclusive offense
only as to that count. [1973 c.836 §27; 1997 c.511 §3]
131.525
Previous prosecution; when not a bar to subsequent prosecution. (1) A previous prosecution is not a bar to a
subsequent prosecution when the previous prosecution was properly terminated
under any of the following circumstances:
(a) The defendant consents to the
termination or waives, by motion, by an appeal upon judgment of conviction, or
otherwise, the right to object to termination.
(b) The trial court finds that a
termination, other than by judgment of acquittal, is necessary because:
(A) It is physically impossible to proceed
with the trial in conformity with law; or
(B) There is a legal defect in the
proceeding that would make any judgment entered upon a verdict reversible as a
matter of law; or
(C) Prejudicial conduct, in or outside the
courtroom, makes it impossible to proceed with the trial without injustice to
either the defendant or the state; or
(D) The jury is unable to agree upon a
verdict; or
(E) False statements of a juror on voir
dire prevent a fair trial.
(c) When the former prosecution occurred
in a court which lacked jurisdiction over the defendant or the offense.
(d) When the subsequent prosecution was
for an offense which was not consummated when the former prosecution began.
(2) A plea of guilty or resulting judgment
is not a bar under ORS 131.515 (2) to a subsequent prosecution under an
accusatory instrument which is filed no later than 30 days after entry of the
guilty plea. The defendants prior plea of guilty or resulting judgment,
notwithstanding ORS 135.365, shall be vacated upon motion by the defendant if
made within 30 days after defendants arraignment for the subsequent
prosecution. The provisions of ORS 135.445 apply to such a vacated plea or
resulting judgment and any statements made in relation to those proceedings. [1973
c.836 §28; 1983 c.509 §2]
131.535
Proceedings not constituting acquittal. The following proceedings will not constitute an acquittal of the same
offense:
(1) If the defendant was formerly
acquitted on the ground of a variance between the accusatory instrument and the
proof; or
(2) If the accusatory instrument was:
(a) Dismissed upon a demurrer to its form
or substance;
(b) Dismissed upon any pretrial motion; or
(c) Discharged for want of prosecution
without a judgment of acquittal. [1973 c.836 §29; 2001 c.104 §43]
CRIMINAL
FORFEITURE
131.550
Definitions for ORS 131.550 to 131.600. As used in ORS 131.550 to 131.600:
(1) Acquiesce in prohibited conduct
means that a person knew of the prohibited conduct and knowingly failed to take
reasonable action under the circumstances to terminate or avoid the use of the
property in the course of prohibited conduct. For purposes of this subsection, reasonable
action under the circumstances includes, but is not limited to:
(a) Reporting the prohibited conduct to a
law enforcement agency;
(b) Commencing action that will assert the
rights of the affiant as to the property interest;
(c) Terminating a rental agreement; or
(d) Seeking an abatement order under the
provisions of ORS 105.505 to 105.520 or 105.550 to 105.600 or under any
ordinance or regulation allowing abatement of nuisances.
(2) All persons known to have an interest
means:
(a) Any person who has, prior to the time
the property is seized for criminal 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 that has been seized for criminal 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.
(3) Attorney fees has the meaning given
that term 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
(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
Association;
(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 this state, including but not limited 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 municipality in this 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
representative as defined in ORS 59.015.
(5) Forfeiture counsel means an attorney
designated to represent a seizing agency in criminal forfeiture actions or
proceedings.
(6) Instrumentality means property that
is used or intended for use in prohibited conduct or that facilitates
prohibited conduct.
(7) Law enforcement agency means any
agency that employs police officers or prosecutes criminal cases.
(8) Official law enforcement use means a
use 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 that constitutes prohibited conduct, 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 means:
(a) For purposes of proceeds, a felony or
a Class A misdemeanor.
(b) For purposes of instrumentalities, any
crime listed in ORS 131.602.
(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 criminal forfeiture.
(14) Weapon means any instrument of
offensive or defensive combat or anything used, or designed to be used, to
destroy, defeat or injure a person. [2005 c.830 §1; 2007 c.71 §30]
131.553
Legislative findings; effect on local laws; remedy not exclusive. (1) The Legislative Assembly finds that:
(a) Prohibited conduct is undertaken in
the course of activities that result in, and are facilitated by, the
acquisition, possession or transfer of property subject to criminal forfeiture
under ORS 131.550 to 131.600;
(b) Transactions involving property
subject to criminal forfeiture under ORS 131.550 to 131.600 escape taxation;
(c) Perpetrators of crimes should not be
allowed to keep the proceeds and instrumentalities of their crimes;
(d) Governments attempting to respond to
prohibited conduct require additional resources to meet their needs; and
(e) There is a need to provide for the
forfeiture of certain property subject to criminal forfeiture under ORS 131.550
to 131.600, to provide for the protection of the rights and interests of
affected persons and to provide for uniformity throughout this state with
respect to the laws of this state that pertain to the criminal forfeiture of
real and personal property based upon prohibited conduct.
(2) ORS 131.550 to 131.600 do not impair
the right of any city or county to enact ordinances providing for the criminal
forfeiture of property based upon prohibited conduct if:
(a) The property was used to commit the
conduct described in the ordinances, or constitutes proceeds of the conduct;
and
(b) The criminal forfeiture is subject to
procedures and limitations set forth in ORS 131.550 to 131.600.
(3) Nothing in ORS 131.550 to 131.600 may
be construed to limit or impair any right or remedy that any person or entity
may have under ORS 166.715 to 166.735. Criminal forfeiture is a remedy separate
and apart from any other criminal penalty and from civil forfeiture or any
other civil penalty. [2005 c.830 §2]
131.556
Right, title and interest in forfeited property vests in seizing agency. Subject to ORS 131.550 to 131.600, all
right, title and interest in property forfeited under ORS 131.550 to 131.600
vest in the seizing agency upon commission of the prohibited conduct. [2005
c.830 §3]
131.558
Property subject to forfeiture.
The following are subject to criminal forfeiture:
(1) All controlled substances that have
been manufactured, distributed, dispensed, possessed or acquired in the course
of prohibited conduct;
(2) All raw materials, products and
equipment of any kind that are used, or intended for use, in providing,
manufacturing, compounding, processing, delivering, importing or exporting any
service or substance in the course of prohibited conduct;
(3) All property that is used, or intended
for use, as a container for property described in subsection (1) or (2) of this
section;
(4) All conveyances, including aircraft,
vehicles and vessels, that are used, or are intended for use, to transport or
facilitate the transportation, sale, receipt, possession or concealment of
property described in subsection (1) or (2) of this section, and all
conveyances, including aircraft, vehicles and vessels, that are used or
intended for use in prohibited conduct or to facilitate prohibited conduct,
except that:
(a) No conveyance used by any person as a
common carrier in the transaction of business as a common carrier is subject to
criminal forfeiture under the provisions of this section unless the owner or
other person in charge of such conveyance was a consenting party or knew of and
acquiesced in the prohibited conduct; and
(b) No conveyance is subject to criminal
forfeiture under the provisions of this section by reason of any act or
omission established by the owner thereof to have been committed or omitted by
any person other than such owner while such conveyance was unlawfully in the
possession of a person other than the owner in violation of the criminal laws
of the United States or of any state;
(5) All books, records, computers and
research, including formulae, microfilm, tapes and data that are used or
intended for use to facilitate prohibited conduct;
(6) All moneys, negotiable instruments,
balances in deposit or other accounts, securities or other things of value
furnished or intended to be furnished by any person in the course of prohibited
conduct, all proceeds of or from prohibited conduct, and all moneys, negotiable
instruments, balances in deposit and other accounts and securities used or
intended to be used to facilitate any prohibited conduct;
(7) All real property, including any
right, title and interest in the whole of any lot or tract of land and any
appurtenances or improvements, that is used or intended to be used to commit or
facilitate the commission of prohibited conduct;
(8) All weapons possessed, used or
available for use to facilitate conduct giving rise to criminal forfeiture;
(9) All property described in this section
that is intended for use in committing or facilitating an attempt to commit a
crime as described in ORS 161.405, a solicitation as described in ORS 161.435
or a conspiracy as described in ORS 161.450; and
(10) All personal property that is used or
intended to be used to commit or facilitate prohibited conduct. [2005 c.830 §4]
131.561
Seizure of property subject to forfeiture. (1) A person who delivers property in obedience to an order or
direction to deliver the property under this section is not liable:
(a) To any person on account of obedience
to the order or direction; or
(b) For any costs incurred on account of
any contamination of the delivered property. This includes, but is not limited
to, any disposal costs for any property forfeited under ORS 131.558, any
hazardous waste or material, any contraband or any other contamination
contained in property seized under this section.
(2) In addition to seizures authorized by
ORS 133.535, a police officer may seize property without a court order if the
police officer has probable cause to believe that the property is subject to
criminal forfeiture.
(3) Except as provided in ORS 131.564,
with regard to cash or other assets that at the time of seizure are held in any
form of account in a financial institution, if the property is in whole or in
part intangible, the person having control or custody of the property shall
deliver the same over to the police officer.
(4)(a) A police officer may seize property
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.
(b) Application may be made to any judge
as defined in ORS 133.525. The application must be supported by one or more
affidavits setting forth the facts and circumstances tending to show where the
objects of the seizure are to be found. The court shall issue the order upon a
finding of probable cause to believe that the described property is subject to
criminal forfeiture. The order may be set out on the face of a search warrant.
(c) Except as provided in ORS 131.564,
with regard to cash or other assets that at the time of seizure are held in any
form of account in a financial institution, if the property is in whole or in
part intangible, the order shall direct any person having control or custody of
the property to deliver the same over to the seizing agency or to the court to
abide judgment.
(5) Property may be constructively seized
by posting notice of seizure for criminal forfeiture on it or by filing notice
of seizure for criminal forfeiture or notice of pending criminal forfeiture in
the public records that impart constructive notice of matters relating to such
property. A notice that is filed must include a description of the property
that is the subject of the seizure. Real property, including interests arising
out of land sale contracts, may be seized only upon recording a notice of
seizure containing a legal description of the property in the mortgage records
of the county in which the real property is located.
(6) Promptly upon seizure, the officer who
seized the property shall make an inventory of the property seized and shall
deliver a receipt embodying the inventory to the person from whose possession the
property is taken or to the person in apparent control of the property at the
time it is seized. If the property is unoccupied or there is no one present in
apparent control, the officer shall leave the receipt suitably affixed to the
property. If the property is physically removed from the location of seizure
and it is unoccupied or there is no one present in apparent control, then the
officer shall promptly file the receipt in the public records of the seizing
agency. Every receipt prepared under this subsection shall contain, in addition
to an inventory of the property seized, the following information:
(a) The identity of the seizing agency;
and
(b) The address and telephone number of
the office or other place where the person may obtain further information
concerning the criminal forfeiture.
(7) In the event that property is seized
from the possession of a person who asserts a possessory lien over such
property pursuant to applicable law, notwithstanding any other provision of
law, any lien of the person from whom the property was seized remains in effect
and is enforceable as fully as though the person had retained possession of the
property. [2005 c.830 §5]
131.564
Status of seized property; release; maintenance and use. (1)(a) Except as otherwise provided in ORS
131.550 to 131.600, property seized for criminal forfeiture is not subject to
replevin, conveyance, sequestration or attachment. The seizure of property or
the commencement of a criminal forfeiture proceeding under ORS 131.550 to 131.600
does not abate, impede or in any way 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 has or purports to have a lien or security
interest or for the foreclosure of such lien or security interest. A financial
institution may proceed with any suit or action involving property in which it
has a lien or security interest even though a seizure has occurred and criminal
forfeiture proceedings have been or will be commenced. If property that may be
subject to criminal forfeiture is sold prior to the conclusion of the
forfeiture proceedings, the sheriff, trustee or other person who is conducting
the sale and who has actual notice of the forfeiture proceedings shall
distribute the sale proceeds as follows:
(A) To the expenses of the sale;
(B) To the payment of the obligations owed
to the foreclosing financial institution that are secured by the property and
to any other person whose lien or security interest in the property has been
foreclosed in the suit or action in the order determined by the court; and
(C) The surplus, if any, shall be
distributed to the seizing agency, or to the court in which the forfeiture
proceedings are pending.
(b) The sheriff, trustee or other person
who distributes the sale proceeds as provided in this subsection is not liable
to any person who has or asserts an interest in the property.
(2) Within 30 days following seizure of
property for criminal forfeiture, the seizing agency, in consultation with the
district attorney of the county in which the property was seized for
forfeiture, shall determine whether it will seek the forfeiture of the
property. If the seizing agency elects not to seek forfeiture, it shall pay all
costs and expenses relating to towing and storage of the property, and shall
cause to be discharged any possessory chattel liens arising under ORS 87.152 to
87.162 that have attached to the property since its seizure and release the
property. The property may be released to a person other than the person from
whose custody or control the property was taken if the seizing agency or
forfeiture counsel first mails to the last-known addresses of all persons known
to have an interest in the property a notice of intent to release the property.
The notice must specify the person to whom the property is to be released and
must detail the time and place of the release. An agency that complies with the
provisions of this subsection by paying costs and expenses of towing and storage,
discharging possessory liens, mailing any required notices and releasing the
property is not liable for its actions under this subsection or for any
consequences thereof.
(3) A seizing agency shall, pending
criminal forfeiture and final disposition and subject to the need to retain the
property in any criminal proceeding, provide that property in the physical
custody of the seizing agency be serviced or maintained as may be reasonably
appropriate to preserve the value of the property.
(4) A seizing agency may, pending criminal
forfeiture and final disposition and subject to the need to retain seized
property in any criminal proceeding:
(a) Provide that the seized property be
transferred for criminal forfeiture to any city, county, state or federal agency
with criminal forfeiture authority, provided that no such transfer may have the
effect of diminishing or reducing the rights of any third party under ORS
131.550 to 131.600.
(b) Apply to the court for an order
providing that the seized property may be sold, leased, rented or operated in
the manner and on the terms that may be specified in the courts order. The
court shall deny any application unless the sale, lease, rental or operation of
the property will be conducted in a commercially reasonable manner and will not
result in a material reduction of the propertys value. The court may enter an
order only:
(A) After notice and opportunity to be
heard is provided to all persons known to have or to claim an interest in the
property; and
(B) With the consent of all persons
holding security interests of record in the property.
(c) Provide that the seized property be
removed to a storage area for safekeeping.
(5) Unless otherwise ordered by the court,
the seizing agency shall hold the proceeds of the sale, leasing, renting or
operation under subsection (4) of this section and the rights of holders of
security interests of record in the property attach to the proceeds of the
sale, leasing, renting or operation in the same order of priority as interests
attached to the property.
(6)(a) Except as provided in paragraph (b)
of this subsection and except for currency with apparent or known intrinsic
collector value, all cash seized for criminal forfeiture, together with all
cash received from the sale, leasing, renting or operation of the property,
must be immediately deposited in an insured interest-bearing forfeiture trust
account or accounts maintained by the seizing agency exclusively for this
purpose. Cash may be retained as evidence in a criminal proceeding but must be
deposited immediately when the need to retain it as evidence is discharged.
(b) Notwithstanding paragraph (a) of this
subsection, all cash seized for criminal forfeiture that at the time of seizure
is deposited in any form of account in a financial institution may remain in
the account in the financial institution. From the time of seizure until the
criminal forfeiture proceeding is abandoned, or until a court ultimately enters
a judgment granting or denying criminal forfeiture or enters a judgment of
dismissal, all deposits except the deposit of interest by the financial
institution, withdrawals or other transactions involving the account are
prohibited, unless approved by the court.
(c) Subject to any court order, interest
earned upon cash deposited in a forfeiture trust account or held in an account
in a financial institution under this subsection must be disbursed as follows:
(A) If the criminal forfeiture proceeding
is abandoned, or if the court ultimately enters a judgment denying criminal
forfeiture or a judgment of dismissal, the seizing agency shall pay any
interest earned, together with the cash deposited in the forfeiture trust
account in connection with the seizure in question, to the person from whom it
was seized, and the seizing agency shall release any interest earned, together
with the cash deposited in an account in a financial institution, to the person
from whom it was seized.
(B) If a judgment of criminal forfeiture
is entered, but parties other than the seizing agency establish rights to
portions of the amount that are in the aggregate larger than or equal to the
cash on deposit plus interest earned thereon, the seizing agency shall disburse
the interest, together with the cash on deposit, to the parties in the order of
their priority.
(C) If a judgment of criminal forfeiture
is entered and the total amount arising out of the seizure that is on deposit
in the forfeiture trust account or in an account in a financial institution,
including interest earned on moneys deposited, is greater than the aggregate
amount needed to satisfy the established interests of security interest
holders, lienholders and other claimants, the seizing agency shall retain the
balance remaining after payment by the seizing agency to parties.
(7) If the property seized for criminal
forfeiture consists of 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 criminal forfeiture proceedings. Unless otherwise allowed by
order of the court, no transactions involving the account may be permitted
other than 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 criminal forfeiture proceedings must be disbursed in the manner
provided for the disbursement of interest under subsection (6) of this section.
(8) When property has been seized for
criminal forfeiture or a notice of criminal forfeiture has been filed, an owner
of or interest holder in the property may file a motion seeking an order to
show cause. The motion must be filed no later than 15 days after the owner or
interest holder received notice or actual knowledge of the seizure, whichever
is earlier. At the time a person files a motion under this subsection, the
person must serve a copy of the motion on the forfeiture counsel and the
defendant, if any. When a motion is filed under this subsection, the court
shall issue an order to show cause to the seizing agency for a hearing on the
sole issue of whether probable cause for criminal forfeiture of the property
exists. If the court finds that there is no probable cause for criminal forfeiture
of the property, the property seized for criminal forfeiture or subjected to
the notice of criminal forfeiture must be released pending the outcome of a
judicial proceeding under ORS 131.582. As used in this subsection, owner or interest
holder does not include the defendant. [2005 c.830 §6]
131.567
Recorded notice of intent to forfeit real property; form. (1) Whenever a seizing agency intends to
forfeit any real property under ORS 131.550 to 131.600, the seizing agency may
have recorded by the county clerk or other recorder of deeds of every county in
which any part of the premises or real property lies a notice of intent to
forfeit real property under ORS 205.246. The notice must contain the legal
description of the real property, the common address of the property, if any,
and the name of the forfeiture counsel. From the time of recording the notice,
and from that time only, the intent to forfeit is notice to purchasers and
holders of encumbrances of the rights and equities in the premises of the party
filing the notice. The notice must be recorded in the same book and in the same
manner in which mortgages are recorded and may be discharged in like manner as
mortgages are discharged, either by such party or the attorney signing the
notice.
(2) Unless otherwise prescribed by law, a
seizing agency recording a notice of intent to forfeit shall use substantially
the following form:
______________________________________________________________________________
NOTICE OF INTENT
TO FORFEIT
Pursuant to
ORS 131.567, the undersigned states:
That I, _______________do declare that it
is my intent to initiate criminal forfeiture proceedings on the following
described real property:
1. The description of the real property to
be affected is:
________________________
________________________
________________________
________________________
________________________
2. The common address of the property, if
any, is:
________________________
________________________
________________________
Dated this ___
day of ________, ___.
This notice
of intent to file forfeiture will expire on the ___ day of ________, ___,
absent future filings.
Name of
agency seeking forfeiture
________________________
Name of
Forfeiture Counsel
________________________
Address
________________________
________________________
________________________
Telephone
Number
________________________
State of
) ss.
The foregoing
instrument was acknowledged before me this ___ day of ________, ___.
_______________
Notary Public for
My commission expires________.
______________________________________________________________________________
(3) The notice of intent to forfeit
property expires 30 days after the date of filing absent future filings to
perfect. [2005 c.830 §7]
131.570
Notice of seizure for forfeiture; service on persons other than defendant;
publication of notice. (1)
As soon as practicable after seizure for criminal forfeiture, the seizing
agency shall review the inventory prepared by the police officer under ORS
131.561. Within 30 days after seizure for criminal forfeiture, the forfeiture
counsel shall file a criminal information or an indictment alleging facts
sufficient to establish that the property is subject to criminal forfeiture.
Within 30 days after seizure for criminal forfeiture, the seizing agency or
forfeiture counsel shall prepare a notice of seizure for criminal forfeiture
containing a copy of the inventory prepared pursuant to ORS 131.561, the
identity of the person from whom the property was seized, the name, address and
telephone number of the seizing agency and the address and telephone number of
the office or other place where further information concerning the seizure and
criminal forfeiture may be obtained, and shall make reasonable efforts to serve
the notice of seizure for criminal forfeiture on all persons, other than the
defendant, known to have an interest in the seized property. A person may be
served as provided in ORCP 7 D except that the notice must also include
information regarding the right to file a claim under subsection (2) of this
section, if applicable, and the deadline for filing the claim. If the property
is cash in the amount of $1,000 or less or if the fair market value of the
property is $1,000 or less, the seizing agency may publish notice of seizure
for criminal forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to
D(6)(d). In all other cases, the seizing agency shall publish notice of seizure
for criminal forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to
D(6)(d). The seizing agency shall provide a copy of the notice, inventory and
estimate of value to the forfeiture counsel.
(2) Except as otherwise provided in ORS
131.579 (1) to (3), if notice of seizure for criminal forfeiture:
(a) Is given in a manner other than by
publication, any person, other than the defendant, claiming an interest in the
property must file a claim with the forfeiture counsel within 21 days after
service of notice of seizure for criminal forfeiture.
(b) Is published, any person, other than
the defendant, claiming an interest in the property must file a claim with the
forfeiture counsel within 21 days after the last publication date.
(3) An extension for the filing of a claim
under subsection (2) of this section may not be granted. The claim must be
signed by the claimant under penalty of perjury and must set forth all of the
following:
(a) The true name of the claimant;
(b) The address at which the claimant will
accept future mailings from the court or the forfeiture counsel; and
(c) A statement that the claimant has an
interest in the seized property.
(4) If a seizing agency publishes notice
of seizure for criminal forfeiture in a newspaper in the manner provided by
subsection (1) of this section, the agency may include in a single publication
as many notices of criminal forfeiture as the agency considers convenient. The
publication may contain a single statement of matters from the notices of
criminal forfeiture that are common to all of the notices and that would
otherwise result in needless repetition. The publication must contain for each
notice of criminal forfeiture a separate copy of the inventory prepared
pursuant to ORS 131.561, and a separate statement of the identity of the person
from whose custody the property was seized. The published inventory need not
contain estimates of value for the property seized. [2005 c.830 §8]
131.573
Petition for expedited hearing.
(1) A person, other than the defendant, claiming an interest in property seized
under ORS 131.550 to 131.600 may file a petition for an expedited hearing
within 15 days after notice of seizure for criminal forfeiture 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 if no claim has previously been filed. The petition must
reflect whether the petitioner seeks one or more of the following:
(a) A determination at the hearing that
the petitioner is a bona fide purchaser for value and did not acquiesce in the
prohibited conduct.
(b) An order restoring custody of seized
property to the petitioner during the pendency of the proceedings 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.
(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. Service must be accomplished as provided in ORCP 7 D. Service by
publication is not required prior to an expedited hearing.
(4) The court shall hold a hearing within
15 days after service of all persons known to have an interest or at such later
time as the court may allow for good cause shown. The hearing is limited to:
(a) Deciding whether the petitioner can
prove that the petitioner is a bona fide purchaser for value and did not
acquiesce in the prohibited conduct;
(b) Determining whether an order should be
entered directing the return of the seized property to the claimant during the
pendency of the hearing; and
(c) Determining whether an order should be
entered directing the appointment of a receiver to manage property seized
pursuant to ORS 131.550 to 131.600 pending a final determination as to the
disposition of the property, if the petitioner or the seizing agency requests
that order.
(5) The parties to a proceeding under ORS
131.582 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 must comply with the requirements of ORS 131.576 (1). [2005 c.830 §9]
131.576
Order restoring custody of property after expedited hearing. (1) An order restoring custody to a
petitioner under ORS 131.573 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 value of
the property; and
(c) Require the petitioner to inform the
court of the exact location of the property at the time of any judicial
proceeding under ORS 131.582 and to deliver the property to the seizing agency
immediately upon the issuance of a judgment of criminal forfeiture.
(2) An order restoring custody to a
petitioner under ORS 131.573 may include such other requirements as the court
finds appropriate pending a final determination as to the disposition of the
property.
(3) An order restoring custody to a
petitioner under ORS 131.573 is enforceable by a contempt proceeding brought on
the relation of forfeiture counsel, by a further order directing the petitioner
to deliver the property to the custody of the seizing agency, by an order
awarding to the seizing agency its reasonably incurred attorney fees, costs and
investigative expenses, and by such other remedies or relief as the court finds
appropriate. [2005 c.830 §10]
131.579
Affidavit in response to notice of seizure for forfeiture. (1)(a) A financial institution holding an
interest in property seized under ORS 131.550 to 131.600 shall respond to a
notice of seizure for criminal forfeiture by filing an affidavit with the court
establishing that the financial institutions interest in the property was
acquired:
(A) In the regular course of business as a
financial institution;
(B) For valuable consideration;
(C) Without knowledge of the prohibited
conduct;
(D) In good faith and without intent to
defeat the interest of any potential seizing agency; and
(E) With respect to personal property,
prior to the seizure of the property, or with respect to real property,
recorded prior to the recording of notice of the seizure of the real property
in the mortgage records of the county in which the real property is located.
(b) Failure to file an affidavit
constitutes a default. The affidavit must be filed within 30 days from the date
of service under ORS 131.570.
(2) Notwithstanding the provisions of
subsection (1) of this section, any person, other than a financial institution,
who transfers or conveys an interest in real property pursuant to a contract
for transfer or conveyance of an interest in real property as defined in ORS
93.905 and who retains an interest in the real property, or any successor in
interest, may respond to a notice of seizure for criminal forfeiture by filing
an affidavit with the court establishing that the person:
(a) Received the interest in return for
valuable consideration or by way of devise or intestate succession;
(b) Had no knowledge at the time of
transfer or conveyance of the prohibited conduct;
(c) Acted in good faith and without intent
to defeat the interest of any potential seizing agency;
(d) Recorded the interest in the mortgage
records of the county in which the real property is located prior to the
recording of any notice of intent to seize or notice of seizure; and
(e) Continued to hold the interest without
acquiescing in the prohibited conduct.
(3) The affidavit permitted by subsection
(2) of this section must be filed within 30 days from the date of service under
ORS 131.570. Failure to file an affidavit as set forth in subsection (2) of
this section constitutes a default.
(4) In response to an affidavit filed
under subsection (2) of this section, the seizing agency may controvert any or
all of the assertions made in the affidavit. The affidavit of the seizing
agency must be filed with the court within 20 days after the date the affidavit
is filed under subsection (2) of this section. The transferor, conveyor or
successor in interest may respond, within five days after the filing of the
affidavit of the seizing agency, with a supplemental affidavit limited to the
matters stated in the affidavit of the seizing agency. If the seizing agency
does not file an affidavit within the time allowed, the transferor, conveyor or
successor in interest is considered to be a financial institution for all
purposes under ORS 131.550 to 131.600.
(5) If the seizing agency files an
affidavit under subsection (4) of this section, the court shall decide the
issues raised in the affidavit in a proceeding under ORS 131.582. [2005 c.830 §11]
131.582
Prosecution of criminal forfeiture; indictment or information; burden of proof;
judgment; notice to claimants.
(1) If a district attorney decides to proceed with a criminal forfeiture, the
district attorney must present the criminal forfeiture to the grand jury for
indictment. The indictment must allege facts sufficient to establish that the
property is subject to criminal forfeiture and must comply with ORS 132.510,
132.540, 132.550, 132.557, 132.560 and 132.580.
(2) If the grand jury returns an indictment
for criminal forfeiture, the defendant may admit or deny that the property is
subject to criminal forfeiture. If the defendant fails to admit or deny that
the property is subject to forfeiture, the court shall enter a denial on behalf
of the defendant.
(3) When the underlying criminal conduct
is a Class A misdemeanor, a city or county attorney may prosecute a criminal
forfeiture by filing an information in the municipal or justice court.
(4) A criminal forfeiture proceeding and
the underlying criminal case must be tried in the same proceeding.
(5) The criminal procedure laws of this
state apply to criminal forfeiture proceedings.
(6) The court shall enter a judgment of
criminal forfeiture if the forfeiture counsel proves beyond a reasonable doubt
that the property for which forfeiture is sought is an instrumentality or the
proceeds of the crime of conviction or past prohibited conduct that is similar
to the crime of conviction.
(7) Forfeiture counsel may move the court
at any time for an order finding that the defendant is a fugitive and in
default. The court may enter an order finding the defendant in default under
this subsection and enter a judgment of criminal forfeiture if the court finds
that the defendant is not confined or held in custody by another jurisdiction,
and that the defendant, after notice or knowledge of the fact that a warrant
has been issued for the defendant:
(a) Purposely left the state to avoid
prosecution;
(b) Declines to return to the state and
allow execution of the warrant; or
(c) Otherwise evades the jurisdiction of
the court issuing the warrant.
(8) No later than 21 days after the entry
of a judgment of criminal forfeiture under this section, the forfeiture counsel
shall notify by mail all persons who filed claims under ORS 131.570 or
affidavits under ORS 131.579 of the judgment of criminal forfeiture. The notice
must inform the person of the requirements of subsection (9) of this section.
(9) If a person who receives notice under
subsection (8) of this section wishes to assert the persons interest in the
property but was not eligible to file an affidavit under ORS 131.579, the
person must file an affidavit with the trial court, and must serve the
forfeiture counsel with a copy of the affidavit, no later than 21 days after
the date the notice required by subsection (8) of this section was mailed. The
person must allege facts in an affidavit filed under this subsection that if
true would prove that the person took the property or the interest that the
person holds in the property:
(a)(A) Before it was seized for criminal
forfeiture; and
(B) In good faith and without intent to
defeat the interest of any seizing agency; or
(b) As a bona fide purchaser for value
without acquiescing in the prohibited conduct.
(10)(a) If an affidavit is timely filed
under subsection (9) of this section and the forfeiture counsel:
(A) Does not contest the affidavit, the
forfeiture counsel shall submit a form of judgment to the court for entry under
ORS 131.588.
(B) Does contest the affidavit, the
forfeiture counsel shall request a hearing with the trial court no later than
21 days after receiving the affidavit.
(b) If no affidavit is filed under
subsection (9) of this section but the seizing agency filed an affidavit under
ORS 131.579 (4), the forfeiture counsel shall request a hearing with the trial
court no later than 21 days after the last date for receiving affidavits under
subsection (9) of this section.
(11)(a) A hearing pursuant to subsection
(10) of this section is an ancillary proceeding and the Oregon Rules of Civil
Procedure apply. At the hearing:
(A) Forfeiture counsel has the burden of
proving by a preponderance of the evidence that the person claiming an interest
in the property:
(i) Took the property with the intent to
defeat the interest of a seizing agency; or
(ii) Is not a bona fide purchaser for
value or acquiesced in the prohibited conduct.
(B) Forfeiture counsel may present
evidence and witnesses and cross-examine witnesses who appear at the hearing.
(C) The person claiming an interest in the
property may testify, present evidence and witnesses and cross-examine
witnesses who appear at the hearing.
(b) In addition to testimony and evidence
presented at the hearing, the court shall consider relevant portions of the
record of the criminal case that resulted in the judgment of criminal
forfeiture.
(c) The court shall amend the judgment of
criminal forfeiture in accordance with its determination if, after the hearing,
the court determines that the claimant:
(A) Did take the property before it was
seized for criminal forfeiture and in good faith and without intent to defeat
the interest of the seizing agency; or
(B) Is a bona fide purchaser for value of
the right, title or interest in the property and did not acquiesce in the
prohibited conduct.
(d) Notwithstanding ORS 19.255 (1), a
person may file a notice of appeal within 30 days after entry in the register
of an order disposing of the matters at issue in the ancillary proceeding. An
appeal under this paragraph is governed by the provisions of ORS chapter 19
relating to appeals in civil actions.
(12) When a court enters a judgment of
criminal forfeiture under this section, the jurisdiction of the court continues
for purposes of subsection (11) of this section and the property continues to
be subject to the courts jurisdiction. [2005 c.830 §12]
131.585
Extent of judgment. (1) The
court shall enter judgment to the extent that the property is proceeds of the
crime of conviction or of past prohibited conduct that is similar to the crime
of conviction.
(2) With respect to property that is an
instrumentality of the crime of conviction or of past prohibited conduct that
is similar to the crime of conviction, the court shall consider:
(a) Whether the property constitutes the
defendants lawful livelihood or means of earning a living.
(b) Whether the property is the defendants
residence.
(c) The degree of relationship between the
property and the prohibited conduct, including the extent to which the property
facilitated the prohibited conduct or could facilitate future prohibited
conduct.
(d) The monetary value of the property in
relation to the risk of injury to the public from the prohibited conduct.
(e) The monetary value of the property in
relation to the actual injury to the public from the prohibited conduct.
(f) The monetary value of the property in
relation to objective measures of the potential or actual criminal culpability
of the person or persons engaging in the prohibited conduct, including:
(A) The inherent gravity of the prohibited
conduct;
(B) The potential sentence for similar
prohibited conduct under
(C) The defendants prior criminal
history; and
(D) The sentence actually imposed on the
defendant.
(g) Any additional relevant evidence. [2005
c.830 §13]
131.588
Judgment of forfeiture; contents; effect. (1) If no financial institution has filed the affidavit described in
ORS 131.579 (1), and if the court has failed to uphold the claim or affidavit
of any other person claiming an interest in the property, the effect of the
judgment is that:
(a) Title to the property passes to the
seizing agency free of any interest or encumbrance thereon in favor of any
person who has been given notice;
(b) The seizing agency may transfer good
and sufficient title to any subsequent purchaser or transferee, and all courts,
the state and the departments and agencies of this state, and any political
subdivision shall recognize the title. In the case of real property, the
seizing agency shall warrant the title against constitutional defect. A
warranty under this paragraph is limited to the purchase price of the real
property; and
(c) Any department, agency or officer of
this state or any political subdivision whose official functions include the
issuance of certificates or other evidence of title is immune from civil or
criminal liability when such issuance is pursuant to a judgment of criminal
forfeiture.
(2) If an affidavit is filed by a
financial institution under ORS 131.579 (1), or if a person files an affidavit
under ORS 131.579 (2):
(a) The court shall foreclose all security
interests, liens and vendors interests of financial institutions and claimants
as to which the court determines that there is a legal or equitable basis for
foreclosure; and
(b) All other interests applicable to the
property that are not foreclosed or otherwise eliminated through a judgment of
foreclosure, if and to the extent that they are valid and subsisting, remain in
effect and the property remains subject to them upon completion of the criminal
forfeiture proceeding.
(3) Notwithstanding any other provision of
law, if a financial institution or other person has filed an affidavit
described in ORS 131.579, or if the court has upheld the claim of any claimant,
then as to each item of property seized:
(a) If the court has determined that the
property should not be forfeited and has not foreclosed the security interests,
liens or other interests covering the property, the court shall render judgment
in favor of the owner of the property, the property must be returned to the
owner and all security interests, liens and other interests applicable to the
property remain in effect as though the property had never been seized. Upon
the return of the property to the owner, 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.
(b) If the court has determined that the
property should not be forfeited and has foreclosed one or more interests
covering the property, including security interests or liens covering the
property or contracts for the transfer or conveyance of 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 order the property sold
pursuant to a sheriffs sale or other sale authorized by the court within such
time as may be prescribed by the court following entry of the judgment. If any
interests covering the property have not been foreclosed, including any liens
or security interests of a claimant whose claim has been upheld, or of a
financial institution that has filed the affidavit described in ORS 131.579,
the property must be sold subject to those interests. The judgment shall order
the proceeds of the sale applied in the following order:
(A) To the payment of the costs of the
sale;
(B) To the satisfaction of the foreclosed
liens, security interests and contracts in order of their priority; and
(C) The excess, if any, to the owner of
the property.
(c) If the court has determined that the
property should be forfeited and has foreclosed one or more security interests,
liens, contracts or other interests covering 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 order the property sold pursuant to a sheriffs
sale or other sale authorized by the court. If any interest in the property was
claimed by a financial institution or other claimant and the interest was
upheld but not foreclosed, the property must be sold subject to the interest.
The sale of the property must be held within such time as may be prescribed by
the court following entry of the judgment. The judgment shall also order the
proceeds of such sale applied in the following order:
(A) To the payment of the costs of the
sale;
(B) To the satisfaction of the foreclosed
liens, security interests and contracts in the order of their priority; and
(C) The excess, if any, to the seizing
agency to be disposed of as provided in ORS 131.594 or 131.597.
(d) 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. The court shall enter a
judgment awarding the property to the seizing agency, subject to the interests
of any claimants whose claims or affidavits were upheld by the court, and
subject to the interests of any financial institutions that filed affidavits
under ORS 131.579 (1), that remain in full force and effect.
(4) The court may include in the judgment
of criminal forfeiture an order that directs the seizing agency to distribute
to the victim of the crime of conviction a portion of any proceeds from
property received by the seizing agency if:
(a) The crime of conviction was a person
felony or person Class A misdemeanor as those terms are defined by rule of the
Oregon Criminal Justice Commission; and
(b) The court included an order of
restitution in the criminal judgment.
(5) The seizing agency is not liable to
any person as a consequence of obedience to a judgment directing conveyance to
a financial institution.
(6) The forfeiture counsel shall send a
copy of the judgment to the Asset Forfeiture Oversight Advisory Committee.
(7)(a) On entry of judgment for a claimant
in any proceeding to forfeit property under ORS 131.550 to 131.600, unless the
court has foreclosed one or more security interests, liens or other interests
covering the property, the property or interest in property must be returned or
conveyed immediately to the claimant designated by the court.
(b) If it appears that there was
reasonable suspicion that the property was subject to criminal forfeiture, the
court shall cause a finding to be entered and no claimant or financial
institution is entitled to damages nor is the person who made the seizure, the
seizing agency or forfeiture counsel liable to suit or judgment on account of
the seizure or action. An order directing seizure issued under ORS 131.561
constitutes a finding of reasonable suspicion that the property was subject to
criminal forfeiture.
(8) Nothing in this section prevents a
claimant or financial institution from obtaining any deficiency to which the
claimant or financial institution would otherwise be entitled.
(9) Nothing in this section or in ORS
131.564 prevents a seizing agency from entering into an agreement with a
claimant or other person for the reimbursement of the seizing agency for the
costs and expenses relating to towing and storage of property or the cost of
discharging any possessory chattel lien on the property arising under ORS
87.152 to 87.162 that attached to the property in the period between the
seizure of the property and the release or criminal forfeiture of the property.
[2005 c.830 §14]
131.591
Equitable distribution of property or proceeds; intergovernmental agreements. Distribution of property or proceeds in
accordance with ORS 131.550 to 131.600 must be made equitably and may be made
pursuant to intergovernmental agreement under ORS chapter 190.
Intergovernmental agreements providing for such distributions and in effect on
September 2, 2005, remain valid unless changed by the parties. The equitable
distribution of proceeds targeted for law enforcement must involve sharing the
proceeds between the seizing agency and forfeiture counsel. [2005 c.830 §15]
131.594
Disposition and distribution of forfeited property when seizing agency not the
state. (1) After the seizing
agency distributes property under ORS 131.588, and when the seizing agency is
not the state, the seizing agency shall dispose of and distribute property as
follows:
(a) The seizing agency shall pay costs
first from the property or its proceeds. As used in this subsection, costs
includes the expenses of publication, service of notices, towing, storage and
servicing or maintaining the seized property under ORS 131.564.
(b) After costs have been paid, the
seizing agency shall distribute to the victim any amount the seizing agency was
ordered to distribute under ORS 131.588 (4).
(c) After costs have been paid and
distributions under paragraph (b) of this subsection have been made, the
seizing agency shall distribute the rest of the property to the general fund of
the political subdivision that operates the seizing agency.
(2) Of the property distributed under
subsection (1)(c) of this section, the political subdivision shall distribute:
(a) Three percent to the Asset Forfeiture
Oversight Account established in ORS 475A.160;
(b) Seven percent to the Illegal Drug
Cleanup Fund established in ORS 475.495 for the purposes specified in ORS
475.495 (5); and
(c) Ten percent to the state General Fund.
(3) Of the property distributed under
subsection (1)(c) of this section that remains in the general fund of the
political subdivision after the distributions required by subsection (2) of
this section have been made:
(a) Fifty percent must be for official law
enforcement use; and
(b) Fifty percent must be used for
substance abuse treatment pursuant to a plan developed under ORS 430.420.
(4) Except as otherwise provided by
intergovernmental agreement, the seizing agency may:
(a) Sell, lease, lend or transfer the
property or proceeds to any federal, state or local law enforcement agency or
district attorney.
(b) Sell the forfeited property by public
or other commercially reasonable sale and pay from the proceeds the expenses of
keeping and selling the property.
(c) Retain the property.
(d) With written authorization from the
district attorney for the seizing agencys jurisdiction, destroy any firearms
or controlled substances.
(5) A political subdivision may sell as
much property as may be needed to make the distributions required by
subsections (1) and (2) of this section. A political subdivision shall make
distributions to the Asset Forfeiture Oversight Account, the Illegal Drug
Cleanup Fund and the state General Fund that are required by subsection (2) of
this section once every three months. The distributions are due within 20 days
of the end of each quarter. Interest does not accrue on amounts that are paid
within the period specified by this subsection.
(6) A seizing agency may donate growing
equipment and laboratory equipment that was used, or intended for use, in
manufacturing of controlled substances to a public school, community college or
state institution of higher education.
(7) This section applies only to criminal
forfeiture proceeds arising out of prohibited conduct. [2005 c.830 §16]
131.597
Disposition and distribution of forfeited property when seizing agency is the
state. (1) After the seizing
agency distributes property under ORS 131.588, and when the seizing agency is
the state or when the state is the recipient of property forfeited under ORS
131.550 to 131.600, the seizing agency shall dispose of and distribute property
as follows:
(a) The seizing agency shall pay costs
first from the property or its proceeds. As used in this subsection, costs
includes the expenses of publication, service of notices, towing, storage and
servicing or maintaining the seized property under ORS 131.564.
(b) After costs have been paid, the
seizing agency shall distribute to the victim any amount the seizing agency was
ordered to distribute under ORS 131.588 (4).
(c) Of the property remaining after costs
have been paid under paragraph (a) of this subsection and distributions have
been made under paragraph (b) of this subsection, the seizing agency shall
distribute:
(A) Three percent to the Asset Forfeiture
Oversight Account established in ORS 475A.160;
(B) Seven percent to the Illegal Drug
Cleanup Fund established in ORS 475.495 for the purposes specified in ORS
475.495 (5);
(C) Ten percent to the state General Fund;
(D) Subject to subsection (5) of this
section, 40 percent to the Department of State Police or the Department of
Justice for official law enforcement use; and
(E) Forty percent to the Drug Prevention
and Education Fund established in ORS 430.422.
(2)(a) Any amount paid to or retained by
the Department of Justice under subsection (1) of this section must be
deposited in the Criminal Justice Revolving Account in the State Treasury.
(b) Any amount paid to or retained by the
Department of State Police under subsection (1) of this section must be
deposited in the State Police Account.
(3) The state may:
(a) With written authorization from the
district attorney for the jurisdiction in which the property was seized,
destroy any firearms or controlled substances.
(b) Sell the forfeited property by public
or other commercially reasonable sale and pay from the proceeds the expenses of
keeping and selling the property.
(c) Retain any vehicles, firearms or other
equipment usable for law enforcement purposes, for official law enforcement use
directly by the state.
(d) Lend or transfer any vehicles,
firearms or other equipment usable for law enforcement purposes to any federal,
state or local law enforcement agency or district attorney for official law
enforcement use directly by the transferee entity.
(4) When the state has entered into an
intergovernmental agreement with one or more political subdivisions under ORS
131.591, or when a law enforcement agency of this state has entered into an
agreement with another law enforcement agency of this state, an equitable
portion of the forfeited property distributed under subsection (1)(c)(D) of
this section must be distributed to each agency participating in the seizure or
criminal forfeiture as provided by the agreement.
(5) The property distributed under
subsection (1)(c)(D) of this section, including any proceeds received by the
state under an intergovernmental agreement or under an agreement between state
law enforcement agencies, must be divided as follows:
(a) When no law enforcement agency other
than the Department of Justice participated in the seizure or forfeiture, or
when the Department of Justice has entered into an agreement under subsection
(4) of this section, the property must be deposited in the Criminal Justice
Revolving Account.
(b) When no law enforcement agency other
than the Department of State Police participated in the seizure or forfeiture,
or when the Department of State Police has entered into an agreement under
subsection (4) of this section, the property must be deposited in the State
Police Account.
(6) The seizing agency may sell as much
property as may be needed to make the distributions required by subsection (1)
of this section. The seizing agency shall make distributions to the Asset
Forfeiture Oversight Account and the Illegal Drug Cleanup Fund that are
required by subsection (1) of this section once every three months. The
distributions are due within 20 days of the end of each quarter. Interest does
not accrue on amounts that are paid within the period specified by this
subsection. [2005 c.830 §17]
131.600
Records and reports. (1) A
seizing agency and any agency that receives forfeited property or proceeds from
the sale of forfeited property under ORS 131.550 to 131.600 shall maintain
written documentation of each sale, decision to retain, transfer or other
disposition of forfeited property.
(2) Forfeiture counsel shall report each
criminal forfeiture to the Asset Forfeiture Oversight Advisory Committee as
soon as reasonably possible after the conclusion of criminal forfeiture
proceedings, whether or not the forfeiture results in an entry of judgment
under ORS 131.588. The committee shall develop and make available forms for the
purpose of reporting criminal forfeitures.
(3) Law enforcement agencies shall supply
to forfeiture counsel all information requested by forfeiture counsel necessary
for the preparation of the report required by subsection (2) of this section.
(4) Political subdivisions of this state
that receive forfeiture proceeds under ORS 131.594 shall submit a report to the
committee for any year in which those proceeds are received. The committee
shall develop and make available forms for the purpose of those reports. The forms
must require the political subdivision to report how proceeds received by the
political subdivision have been or will be used and any other information
requested by the committee. A political subdivision shall submit a report
required by this subsection by December 15 for the last ending fiscal year of
the political subdivision. [2005 c.830 §18]
131.602
Prohibited conduct for purposes of instrumentalities of crime. The crimes to which ORS 131.550 (11)(b)
applies are:
(1) Bribe giving, as defined in ORS
162.015.
(2) Bribe receiving, as defined in ORS
162.025.
(3) Public investment fraud, as defined in
ORS 162.117.
(4) Bribing a witness, as defined in ORS
162.265.
(5) Bribe receiving by a witness, as
defined in ORS 162.275.
(6) Simulating legal process, as defined
in ORS 162.355.
(7) Official misconduct in the first
degree, as defined in ORS 162.415.
(8) Custodial interference in the second
degree, as defined in ORS 163.245.
(9) Custodial interference in the first
degree, as defined in ORS 163.257.
(10) Buying or selling a person under 18
years of age, as defined in ORS 163.537.
(11) Using a child in a display of
sexually explicit conduct, as defined in ORS 163.670.
(12) Encouraging child sexual abuse in the
first degree, as defined in ORS 163.684.
(13) Encouraging child sexual abuse in the
second degree, as defined in ORS 163.686.
(14) Encouraging child sexual abuse in the
third degree, as defined in ORS 163.687.
(15) Possession of materials depicting
sexually explicit conduct of a child in the first degree, as defined in ORS
163.688.
(16) Possession of materials depicting
sexually explicit conduct of a child in the second degree, as defined in ORS
163.689.
(17) Theft in the second degree, as
defined in ORS 164.045.
(18) Theft in the first degree, as defined
in ORS 164.055.
(19) Aggravated theft in the first degree,
as defined in ORS 164.057.
(20) Theft by extortion, as defined in ORS
164.075.
(21) Theft by deception, as defined in ORS
164.085, if it is a felony or a Class A misdemeanor.
(22) Theft by receiving, as defined in ORS
164.095, if it is a felony or a Class A misdemeanor.
(23) Theft of services, as defined in ORS
164.125, if it is a felony or a Class A misdemeanor.
(24) Unauthorized use of a vehicle, as
defined in ORS 164.135.
(25) Mail theft or receipt of stolen mail,
as defined in ORS 164.162.
(26) Laundering a monetary instrument, as
defined in ORS 164.170.
(27) Engaging in a financial transaction
in property derived from unlawful activity, as defined in ORS 164.172.
(28) Burglary in the second degree, as
defined in ORS 164.215.
(29) Burglary in the first degree, as
defined in ORS 164.225.
(30) Possession of a burglary tool or
theft device, as defined in ORS 164.235.
(31) Unlawful entry into a motor vehicle,
as defined in ORS 164.272.
(32) Arson in the second degree, as
defined in ORS 164.315.
(33) Arson in the first degree, as defined
in ORS 164.325.
(34) Computer crime, as defined in ORS
164.377.
(35) Robbery in the third degree, as
defined in ORS 164.395.
(36) Robbery in the second degree, as
defined in ORS 164.405.
(37) Robbery in the first degree, as
defined in ORS 164.415.
(38) Unlawful labeling of a sound
recording, as defined in ORS 164.868.
(39) Unlawful recording of a live
performance, as defined in ORS 164.869.
(40) Unlawful labeling of a videotape
recording, as defined in ORS 164.872.
(41) A violation of ORS 164.886.
(42) Endangering aircraft, as defined in
ORS 164.885.
(43) Interference with agricultural
operations, as defined in ORS 164.887.
(44) Forgery in the second degree, as
defined in ORS 165.007.
(45) Forgery in the first degree, as
defined in ORS 165.013.
(46) Criminal possession of a forged
instrument in the second degree, as defined in ORS 165.017.
(47) Criminal possession of a forged instrument
in the first degree, as defined in ORS 165.022.
(48) Criminal possession of a forgery
device, as defined in ORS 165.032.
(49) Criminal simulation, as defined in
ORS 165.037.
(50) Fraudulently obtaining a signature,
as defined in ORS 165.042.
(51) Fraudulent use of a credit card, as
defined in ORS 165.055.
(52) Negotiating a bad check, as defined
in ORS 165.065.
(53) Possessing a fraudulent
communications device, as defined in ORS 165.070.
(54) Unlawful factoring of a payment card
transaction, as defined in ORS 165.074.
(55) Falsifying business records, as
defined in ORS 165.080.
(56) Sports bribery, as defined in ORS
165.085.
(57) Sports bribe receiving, as defined in
ORS 165.090.
(58) Misapplication of entrusted property,
as defined in ORS 165.095.
(59) Issuing a false financial statement,
as defined in ORS 165.100.
(60) Obtaining execution of documents by
deception, as defined in ORS 165.102.
(61) A violation of ORS 165.543.
(62) Cellular counterfeiting in the third
degree, as defined in ORS 165.577.
(63) Cellular counterfeiting in the second
degree, as defined in ORS 165.579.
(64) Cellular counterfeiting in the first
degree, as defined in ORS 165.581.
(65) Identity theft, as defined in ORS
165.800.
(66) A violation of ORS 166.190.
(67) Unlawful use of a weapon, as defined
in ORS 166.220.
(68) A violation of ORS 166.240.
(69) Unlawful possession of a firearm, as
defined in ORS 166.250.
(70) A violation of ORS 166.270.
(71) Unlawful possession of a machine gun,
short-barreled rifle, short-barreled shotgun or firearms silencer, as defined
in ORS 166.272.
(72) A violation of ORS 166.275.
(73) Unlawful possession of armor piercing
ammunition, as defined in ORS 166.350.
(74) A violation of ORS 166.370.
(75) Unlawful possession of a destructive
device, as defined in ORS 166.382.
(76) Unlawful manufacture of a destructive
device, as defined in ORS 166.384.
(77) Possession of a hoax destructive
device, as defined in ORS 166.385.
(78) A violation of ORS 166.410.
(79) Providing false information in
connection with a transfer of a firearm, as defined in ORS 166.416.
(80) Improperly transferring a firearm, as
defined in ORS 166.418.
(81) Unlawfully purchasing a firearm, as
defined in ORS 166.425.
(82) A violation of ORS 166.429.
(83) A violation of ORS 166.470.
(84) A violation of ORS 166.480.
(85) A violation of ORS 166.635.
(86) A violation of ORS 166.638.
(87) Unlawful paramilitary activity, as
defined in ORS 166.660.
(88) A violation of ORS 166.720.
(89) Prostitution, as defined in ORS
167.007.
(90) Promoting prostitution, as defined in
ORS 167.012.
(91) Compelling prostitution, as defined
in ORS 167.017.
(92) Exhibiting an obscene performance to
a minor, as defined in ORS 167.075.
(93) Unlawful gambling in the second
degree, as defined in ORS 167.122.
(94) Unlawful gambling in the first
degree, as defined in ORS 167.127.
(95) Possession of gambling records in the
second degree, as defined in ORS 167.132.
(96) Possession of gambling records in the
first degree, as defined in ORS 167.137.
(97) Possession of a gambling device, as
defined in ORS 167.147.
(98) Possession of a gray machine, as
defined in ORS 167.164.
(99) Cheating, as defined in ORS 167.167.
(100) Tampering with drug records, as
defined in ORS 167.212.
(101) A violation of ORS 167.262.
(102) Research and animal interference, as
defined in ORS 167.312.
(103) Animal abuse in the first degree, as
defined in ORS 167.320.
(104) Aggravated animal abuse in the first
degree, as defined in ORS 167.322.
(105) Animal neglect in the first degree,
as defined in ORS 167.330.
(106) Interfering with an assistance, a
search and rescue or a therapy animal, as defined in ORS 167.352.
(107) Involvement in animal fighting, as
defined in ORS 167.355.
(108) Dogfighting, as defined in ORS
167.365.
(109) Participation in dogfighting, as
defined in ORS 167.370.
(110) Unauthorized use of a livestock
animal, as defined in ORS 167.385.
(111) Interference with livestock
production, as defined in ORS 167.388.
(112) A violation of ORS 167.390.
(113) A violation of ORS 471.410.
(114) Failure to report missing precursor
substances, as defined in ORS 475.955.
(115) Illegally selling drug equipment, as
defined in ORS 475.960.
(116) Providing false information on a
precursor substances report, as defined in ORS 475.965.
(117) Unlawful delivery of an imitation
controlled substance, as defined in ORS 475.912.
(118) A violation of ORS 475.840, if it is
a felony or a Class A misdemeanor.
(119) A violation of ORS 475.914, if it is
a felony or a Class A misdemeanor.
(120) A violation of ORS 475.916.
(121) A violation of ORS 475.906, if it is
a felony or a Class A misdemeanor.
(122) A violation of ORS 475.904.
(123) Misuse of an identification card, as
defined in ORS 807.430.
(124) Unlawful production of
identification cards, licenses, permits, forms or camera cards, as defined in
ORS 807.500.
(125) Transfer of documents for the
purposes of misrepresentation, as defined in ORS 807.510.
(126) Using an invalid license, as defined
in ORS 807.580.
(127) Permitting misuse of a license, as
defined in ORS 807.590.
(128) Using anothers license, as defined
in ORS 807.600.
(129) Criminal driving while suspended or
revoked, as defined in ORS 811.182, when it is a felony.
(130) Driving while under the influence of
intoxicants, as defined in ORS 813.010, when it is a felony.
(131) Unlawful distribution of cigarettes,
as defined in ORS 323.482.
(132) Unlawful distribution of tobacco
products, as defined in ORS 323.632.
(133) A violation of ORS 180.440 (2).
(134) A violation described in ORS 475.846
to 475.894, if it is a felony.
(135) Subjecting another person to
involuntary servitude in the first degree, as defined in ORS 163.264.
(136) Subjecting another person to
involuntary servitude in the second degree, as defined in ORS 163.263.
(137) Trafficking in persons, as defined
in ORS 163.266.
(138) Furnishing sexually explicit
material to a child, as defined in ORS 167.054.
(139) Luring a minor, as defined in ORS
167.057.
(140) Online sexual corruption of a child
in the second degree, as defined ORS 163.432.
(141) Online sexual corruption of a child
in the first degree, as defined in ORS 163.433.
(142) An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to (141) of this section if
the attempt, conspiracy or solicitation is a felony or a Class A misdemeanor. [2005
c.830 §19; 2005 c.830 §19a; 2007 c.40 §2; 2007 c.71 §31; 2007 c.811 §8; 2007
c.869 §4; 2007 c.876 §7]
131.604
Disposition of forfeited cigarettes. Notwithstanding ORS 131.594 and 131.597, if property forfeited under
ORS 131.550 to 131.600 consists of cigarettes forfeited because of a violation
of ORS 180.440 (2), the seizing agency shall destroy the cigarettes. [2003
c.801 §16a; 2005 c.830 §29]
CRIME PREVENTION
(Stopping of
Persons)
131.605
Definitions for ORS 131.605 to 131.625. As used in ORS 131.605 to 131.625, unless the context requires
otherwise:
(1) Crime has the meaning provided for
that term in ORS 161.515.
(2) Dangerous weapon, deadly weapon
and person have the meaning provided for those terms in ORS 161.015.
(3) Frisk is an external patting of a
persons outer clothing.
(4) Is about to commit means unusual
conduct that leads a peace officer reasonably to conclude in light of the
officers training and experience that criminal activity may be afoot.
(5) Reasonably suspects means that a
peace officer holds a belief that is reasonable under the totality of the
circumstances existing at the time and place the peace officer acts as
authorized in ORS 131.605 to 131.625.
(6) A stop is a temporary restraint of a
persons liberty by a peace officer lawfully present in any place. [1973 c.836 §30;
1997 c.866 §2]
131.615
Stopping of persons. (1) A
peace officer who reasonably suspects that a person has committed or is about
to commit a crime may stop the person and, after informing the person that the
peace officer is a peace officer, make a reasonable inquiry.
(2) The detention and inquiry shall be
conducted in the vicinity of the stop and for no longer than a reasonable time.
(3) The inquiry shall be considered
reasonable if it is limited to:
(a) The immediate circumstances that
aroused the officers suspicion;
(b) Other circumstances arising during the
course of the detention and inquiry that give rise to a reasonable suspicion of
criminal activity; and
(c) Ensuring the safety of the officer,
the person stopped or other persons present, including an inquiry regarding the
presence of weapons.
(4) The inquiry may include a request for
consent to search in relation to the circumstances specified in subsection (3)
of this section or to search for items of evidence otherwise subject to search
or seizure under ORS 133.535.
(5) A peace officer making a stop may use
the degree of force reasonably necessary to make the stop and ensure the safety
of the peace officer, the person stopped or other persons who are present. [1973
c.836 §31; 1997 c.866 §1]
131.625
Frisk of stopped persons.
(1) A peace officer may frisk a stopped person for dangerous or deadly weapons
if the officer reasonably suspects that the person is armed and dangerous to
the officer or other persons present.
(2) If, in the course of the frisk, the
peace officer feels an object which the peace officer reasonably suspects is a
dangerous or deadly weapon, the peace officer may take such action as is
reasonably necessary to take possession of the weapon. [1973 c.836 §32; 1997
c.866 §3]
(Detention)
131.655
Detention and interrogation of persons suspected of theft committed in a store
or unlawful operation of audiovisual device in a motion picture theater;
probable cause. (1)
Notwithstanding any other provision of law, a person may be detained in a
reasonable manner and for a reasonable time by:
(a) A merchant or merchants employee who
has probable cause for believing that the person has committed theft of
property of a store or other mercantile establishment; or
(b) The owner or lessee of a motion
picture theater or authorized agent or employee of the owner or lessee who has
probable cause to believe that the person has violated ORS 164.882.
(2) Probable cause is a defense to any
civil or criminal action based on detention and interrogation that a person
brings against:
(a) A merchant or merchants employee who
has detained the person in a reasonable manner and for a reasonable time based
on probable cause for believing that the person has committed theft of property
of a store or other mercantile establishment; or
(b) The owner or lessee of a motion
picture theater or authorized agent or employee of the owner or lessee who has
detained the person based on probable cause for believing that the person has
violated ORS 164.882. [Formerly 133.037; 2005 c.459 §2]
(Prevention by
Public Officers)
131.665
Prevention by public officers.
Crimes may be prevented by the action of public officers in accordance with ORS
131.675, 131.685, 131.705 to 131.735, and as otherwise authorized by law. [1973
c.836 §34a (enacted in lieu of 145.010)]
131.675
Dispersal of unlawful or riotous assemblages. When any five or more persons, whether armed or not, are unlawfully or
riotously assembled in any county, city, town or village, the sheriff of the
county and the deputies of the sheriff, the mayor of the city, town or village,
or chief executive officer or officers thereof, and the justice of the peace of
the district where the assemblage takes place, or such of them as can forthwith
be collected, shall go among the persons assembled, or as near to them as they
can with safety, and command them in the name of the State of Oregon to
disperse. If, so commanded, they do not immediately disperse, the officer must
arrest them or cause them to be arrested; and they may be punished according to
law. [Formerly 145.020; 1987 c.526 §1]
131.685
Authority of Governor to enter into agreements with other states for crime
prevention purposes. The
Governor of Oregon may enter into agreements or compacts with the Governor of
any or all the States of Washington, Idaho, California and Nevada, each acting
on behalf of the own state of the Governor, in order to effectuate cooperative
effort and mutual assistance in the prevention of crime in those states and in
the enforcement of their respective criminal laws and policies. [Formerly
145.060]
(Exclusion from
Public Property)
131.705
Definitions for ORS 131.705 to 131.735. As used in ORS 131.705 to 131.735, unless the context requires
otherwise:
(1) Police means the municipal police
and the county sheriff of the political subdivision in which the public
property is located, and the Department of State Police.
(2) Public official means the officer or
employee who is the administrative head of the board, commission, agency or
division or department of this state or any political subdivision therein which
has jurisdiction over any public property, or the designate of the officer or
employee.
(3) Public property means public lands,
premises and buildings, including but not limited to any building used in
connection with the transaction of public business or any lands, premises or
buildings owned or leased by this state or any political subdivision therein. [Formerly
145.610]
131.715
Proclamation of emergency period by Governor. After consultation with the public official, or the designate of the
public official, and the police, the Governor may proclaim an emergency period
if the Governor finds that there exists on any public property a clear and
present danger of injury to persons, damage to property or denial of or
substantial interference with ingress or egress from public property. The
proclamation shall describe the public property affected by the proclamation.
The Governor shall cause the proclamation to be publicized. When the Governor
finds that the danger has ended, the Governor shall proclaim the end of the
emergency period. [Formerly 145.620]
131.725
Exclusion from public property.
(1) During the emergency period proclaimed by the Governor under ORS 131.715,
the public official shall order excluded from the public property described in
the proclamation such persons who in the judgment of the public official are
contributing to or aggravating the danger which the Governor has proclaimed to
exist.
(2) After informing the person ordered
removed or excluded from the public property of the proclamation and order, the
police shall remove or exclude such person from such public property.
(3) Any person who, having been ordered
excluded or removed from any public property, knowingly enters thereon or who
remains on such property during an emergency period proclaimed by the Governor
under ORS 131.715 and who refuses to leave such property upon request by the
police, commits a Class A misdemeanor. [Formerly 145.630]
131.735
Review of exclusion order.
Any person ordered removed or excluded from any public property under ORS
131.715 and 131.725 shall have immediate access to the circuit court for the
county in which the property is located for review of the order of exclusion or
removal. Such access shall be in the form of a writ of review and shall be
given priority over all other cases on the docket of the circuit court. [Formerly
145.640]
(Special Law
Enforcement Officers)
131.805
Authority to employ special agents. The Governor may employ, at such salaries as the Governor deems
reasonable for the services rendered, special agents to effect the apprehension
and conviction of criminals, the return of fugitives from justice, the
investigation of cases in which the Governor believes the laws of the state are
being violated, the supervision of persons paroled or conditionally pardoned
from the Department of Corrections or the collection of evidence in any case,
civil or criminal, in which the state is interested whenever in the judgment of
the Governor it is necessary from the conditions existing in any case, whenever
the Governor is convinced that criminals are likely to escape punishment and
justice cannot be done by the regularly constituted authorities of any county
of the state or of the state or whenever any emergency has arisen which in the
judgment of the Governor would justify the Governor so doing. [Formerly
148.010; 1987 c.320 §17]
131.815
Presentment of facts to circuit court. Whenever in the opinion of the Governor the criminal laws of the state
are not being faithfully executed and enforced and the circumstances justify
the appointment of any sheriff, district attorney, constable or justice of the
peace pro tem, the Governor shall lay the facts of which the Governor is
advised before the circuit court, or any judge thereof, of the district of the
office in question. The court or judge shall, without delay, in a summary
manner consider the facts so presented and such further facts as can be
gathered or may be presented by or on behalf of the Governor, the officer or
any party interested. [Formerly 148.110]
131.825
Hearing. The court, or judge
thereof, in conducting such hearing, shall have all the usual powers of the
circuit court or judge, including the power to subpoena and examine witnesses
of its own motion. The Governor, the officer affected or any party interested
may subpoena witnesses and appear and participate in person or by counsel, and
the officer shall be given reasonable opportunity to prepare and present this
case. The Attorney General shall appear on behalf of the Governor if by the
Governor requested so to do. [Formerly 148.120]
131.835
Request that judge of another district conduct hearing; traveling expenses. When the Governor has made a request for an
investigation before the court or judge of the district of the office affected,
the court or judge may request that the hearing be held before the court or
judge of any other district and call in such court or judge to conduct the same
at the regular place of holding court in the district of the office affected.
Such a request shall be made by the court or judge without delay and the court
or judge called in shall proceed without delay to conduct the hearing. The
actual necessary traveling expenses of any court or judge that is called in
shall be paid out of the funds appropriated for the purposes of ORS 131.815 to
131.875 upon properly verified vouchers being presented to the Secretary of
State. [Formerly 148.130]
131.845
Findings. The court or judge
shall make such findings as are justified by the facts adduced at the hearing
and shall find as to whether or not the criminal laws of the state are being
faithfully executed and enforced by the officers under investigation. [Formerly
148.140]
131.855
Appointment of special officers on finding that laws are not enforced. If it is found that the criminal laws of the
state are not being faithfully executed and enforced by the officers under
investigation, the Governor may appoint, for a period not longer than 90 days,
such special officers as may be necessary to correct the failure to execute or
enforce the criminal laws. [Formerly 148.150]
131.860
Qualifying of special officers; powers and duties. When appointed, special officers shall
qualify in the same manner as provided by law for regularly elected officers,
shall have all the power and authority of the regularly elected officers
necessary to effectuate the purposes of the appointment and shall carry out the
directions of the Governor, pursuant to the appointment, in the same manner and
to the same extent as the duly elected officers could do or perform; and no
greater power shall be conferred upon any special officer than is by law lodged
with the regularly elected officers. [Formerly 148.160]
131.865
Compensation of special officers. The special officers provided for in ORS 131.855 shall receive a
compensation for the time they are appointed equal to that provided for the
regularly elected officers, the compensation to be paid in the same manner as
the regular officers are paid. [Formerly 148.170]
131.875
Effect of appointment of special officers on salary of regular officers. The regularly elected, qualified and acting
officers shall, during any appointment of a special officer, receive the salary
provided by law, to the same extent as though no special officer had been appointed.
[Formerly 148.180]
131.880
Appointment of railroad police officers; liability. The Governor, upon application of any
railroad company operating in this state, may appoint and commission, during
the pleasure of the Governor, persons designated by the company and to serve at
the expense of the company, as police officers, with the powers of peace
officers and who, after being duly sworn, may act as police officers to protect
the railroad company property and the persons or property of the railroad
company passengers or employees. The railroad company designating such persons
is civilly responsible for any abuse of their authority. [1973 c.676 §1]
(Rewards)
131.885
Offer of reward. If any
person charged with or convicted of any felony within this state breaks prison,
escapes, absconds or flees or hides from justice, the county court or county
governing body of the county in which the crime was committed, if the court or
governing body deems it necessary, may offer a reward for information leading
to the apprehension of such person by the appropriate police authority. [Formerly
149.010; 1981 c.300 §1; 1999 c.217 §1]
131.890
Entitlement to reward; use of public money to reward bounty hunter. (1) Any person providing information leading
to the apprehension of a person for whom a reward has been offered under ORS
131.885 is entitled to and shall be paid the reward offered under ORS 131.885
or a proportionate share thereof if more than one claimant is entitled.
(2) No public money may be used to pay a
reward to a bounty hunter under this section. As used in this subsection, bounty
hunter means a private person who is in the business of apprehending persons
who have forfeited security or broken the terms of a security release, fled
from justice or escaped from confinement. [Formerly 149.020; 1981 c.300 §2;
1999 c.217 §2]
131.892
Offer of reward for information on commission of criminal offense. An organization, association or person may
offer a reward for information leading to the apprehension and conviction of
any person who has committed a criminal offense. [1993 c.543 §2; 1995 c.461 §1;
1999 c.217 §3]
131.895
Procedure for payment. The
county court or county governing body, on the claim of the applicant for reward
under ORS 131.885 to 131.895, shall determine whether the claimant is entitled
to the reward. If it so determines, it shall certify the amount offered in
reward, or a proportionate share thereof if more than one claimant is entitled,
to the county clerk of the county and the county clerk shall draw a warrant on
the treasurer of the county for the amount so authorized. [Formerly 149.030;
1981 c.300 §3]
131.897
Authority to order repayment of reward as part of sentence. (1) In addition to any other sentence it may
impose as a result of a criminal conviction, the court may order that a
defendant reimburse to a person, organization, association or public body or
officer, any sum or portion thereof offered and paid by the person,
organization, association or public body or officer under ORS 131.885 to
131.895, as a reward for information leading to the apprehension of the
defendant. Reimbursement under this section shall be ordered paid into the
court, for further transfer by the clerk to the person, organization,
association or public body or officer entitled to it. The monetary obligation
described in this section is a category 4 obligation under ORS 137.295.
(2) In determining whether to order
reimbursement under this section, the court shall take into account:
(a) The financial resources of the
defendant and the burden that reimbursement will impose, with due regard to the
other obligations of the defendant; and
(b) The ability of the defendant to make
reimbursement on an installment basis or on other conditions to be fixed by the
court. [1981 c.300 §4; 1987 c.905 §13; 1993 c.543 §3; 1995 c.461 §2; 1999 c.217
§4]
LIABILITY FOR
MEDICAL EXPENSES OF CERTAIN PERSONS
131.900
Liability for medical expenses for person restrained, detained or taken into
custody. Except as otherwise
provided by ORS 30.260 to 30.300, federal civil rights law or written
agreement, the state, a county, a city, a law enforcement agency or local
correctional facility thereof is not liable for charges or expenses for any
medical services provided to an individual who is the object of efforts by a
law enforcement officer to restrain or detain or take into custody. [1991 c.778
§8; 1993 c.196 §2]
LAW ENFORCEMENT CONTACTS
POLICY AND DATA REVIEW COMMITTEE
131.905
Legislative findings. The
Legislative Assembly finds and declares that:
(1) Surveys of the trust and confidence
placed by Oregonians in state and local law enforcement indicate that there are
Oregonians who believe that some law enforcement officers have engaged in
practices that inequitably and unlawfully discriminate against individuals
solely on the basis of their race, color or national origin.
(2) State and local law enforcement
agencies can perform their missions more effectively when all Oregonians have
trust and confidence that law enforcement stops and other contacts with
individuals are free from inequitable and unlawful discrimination based on
race, color or national origin.
(3) Representatives of community interest
groups and state and local law enforcement agencies agree that collecting
certain demographic data about contacts between individuals and state or local
law enforcement officers will provide a statistical foundation to ensure that
future contacts are free from inequitable and unlawful discrimination based on
race, color or national origin.
(4) Demographic data collection can
establish a factual and quantifiable foundation for measuring progress in
eliminating discrimination based on race, color or national origin during law
enforcement stops and other contacts with individuals, but data collection
alone does not provide a sufficient basis for corrective action. Proper
analysis of the demographic data and enactment of meaningful reforms in
response to the results of that analysis require careful consideration of all
relevant factors including the context of the community in which the data has
been collected.
(5) It is the goal of this state that all
law enforcement agencies perform their missions without inappropriate use of
race, color or national origin as the basis for law enforcement actions. This
goal may be achieved by providing assistance to state and local law enforcement
agencies and the communities that they serve.
(6) This state shall foster, encourage and
support the collection and analysis of demographic data by state and local law
enforcement agencies. [2001 c.687 §5]
131.906
Law Enforcement Contacts Policy and Data Review Committee; duties; report. (1) There is created the Law Enforcement
Contacts Policy and Data Review Committee consisting of 11 members appointed by
the Governor.
(2) The purpose of the committee is to
receive and analyze demographic data to ensure that law enforcement agencies
perform their missions without inequitable or unlawful discrimination based on
race, color or national origin.
(3) To achieve its purpose, the committee
shall collect and analyze demographic data to:
(a) Provide information to assist
communities and state and local law enforcement agencies in evaluating the
policies, training and procedures of law enforcement agencies regarding the treatment
of individuals during stops and other contacts with law enforcement;
(b) Inform state and local law enforcement
agencies and communities about law enforcement practices; and
(c) Provide opportunities for communities
and state and local law enforcement agencies to work together to increase
public trust and confidence in law enforcement and to enhance the capacity of
communities and law enforcement agencies to provide more effective public
safety services.
(4) The committee shall:
(a) Solicit demographic data concerning
law enforcement stops and other contacts between state and local law
enforcement agencies and individuals;
(b) Publicize programs, procedures and
policies from communities that have made progress toward eliminating
discrimination based on race, color or national origin during law enforcement
stops and other contacts with individuals;
(c) Provide technical assistance,
including refinement of the minimum data elements as necessary for effective
analysis, to state and local law enforcement agencies that desire to begin
collecting demographic data;
(d) Provide technical assistance to
communities and state and local law enforcement agencies that desire to engage
in local efforts to involve individuals in the establishment and implementation
of programs, procedures and policies that will advance the goal of ORS 131.905;
(e) Obtain resources for independent
analysis and interpretation of demographic data collected by state or local law
enforcement agencies;
(f) Accept and analyze demographic data
collected by a state or local law enforcement agency if requested by a state or
local law enforcement agency and if resources are available; and
(g) Report to the public the results of
analyses of demographic data.
(5) In carrying out its purpose, the
committee may request and receive data files from participating law enforcement
agencies and may analyze data for each reported contact. These data files
should contain as many of the following items of information as are collected
by the participating law enforcement agency:
(a) The reason for the law enforcement
stop or other contact;
(b) The law enforcement officers
perception of the race, color or national origin of the individual involved in
the contact;
(c) The individuals gender;
(d) The individuals age;
(e) Whether a search was conducted in
connection with the contact, and if so, what resulted from the search;
(f) The disposition of the law enforcement
action, if any, resulting from the contact; and
(g) Additional data as recommended by the
committee that state and local law enforcement agencies should collect and
submit.
(6) Data received by the committee for
analysis under this section may not identify a particular law enforcement
officer or a particular individual whose demographic data is collected by a
state or local law enforcement agency.
(7) Members of the committee shall appoint
a chairperson from the members of the committee. Members of the committee are
not entitled to compensation or expenses and shall serve on the committee on a
volunteer basis.
(8)
(9) All agencies of state government, as
defined in ORS 174.111, are requested to assist the committee in the
performance of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the members of the
committee consider necessary to perform their duties.
(10) The committee shall make findings and
issue recommendations for action to achieve the purpose of this section. The
committee shall submit a report containing its findings and recommendations to
the appropriate interim legislative committees annually on or before December
1.
(11) After completion of the analysis of
the data from at least two state or local law enforcement agencies, the
committee may recommend the collection of additional data elements.
(12) This section does not prohibit a
state or local law enforcement agency from collecting data in addition to the
information listed in subsection (5) of this section. [2001 c.687 §6; 2007
c.190 §2]
131.908
Funding contributions.
131.909
Moneys received. All moneys
received by
131.910
Measuring progress. The Law
Enforcement Contacts Policy and Data Review Committee shall assist the Oregon
Progress Board in the creation and adoption of goals as provided in ORS 284.622
to measure progress toward the purpose of the committee under ORS 131.906. [2001
c.687 §10]
131.990 [Formerly 145.990; repealed by 1987 c.526 §2]
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