ORS 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 (Judgment of forfeiture), 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 (Status of seized property).

(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 (Judgment of forfeiture) (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 131A.460 (Asset Forfeiture Oversight Account);

(b)

Seven percent to the Illegal Drug Cleanup Fund established in ORS 475.495 (Illegal Drug Cleanup Fund) for the purposes specified in ORS 475.495 (Illegal Drug Cleanup Fund) (5) and (6); 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 (Integration of drug treatment services into criminal justice system).

(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 agency’s 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 public university listed in ORS 352.002 (Public universities).

(7)

This section applies only to criminal forfeiture proceeds arising out of prohibited conduct. [2005 c.830 §16; 2009 c.78 §54; 2011 c.637 §61]

Source: Section 131.594 — Disposition and distribution of forfeited property when seizing agency not the state, https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html.

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 131.105
Timeliness of criminal actions 131.125
Time limitations 131.135
When prosecution commenced 131.145
When time starts to run 131.155
Tolling of statute 131.205
Definition for ORS 131.205 to 131.235 131.215
Jurisdiction 131.225
Exceptions 131.235
Criminal homicide 131.305
Place of trial 131.315
Special provisions 131.325
Place of trial 131.335
Change of venue 131.345
Motion for change of venue 131.355
Change of venue for prejudice 131.363
Change of venue in other cases 131.375
Notification on change of venue 131.385
When change of venue is complete 131.395
Expenses of change 131.405
Attendance of defendant at new place of trial 131.415
Conveyance of defendant in custody after change of venue 131.505
Definitions for ORS 131.505 to 131.525 131.515
Previous prosecution 131.525
Previous prosecution 131.535
Proceedings not constituting acquittal 131.550
Definitions for ORS 131.550 to 131.600 131.553
Legislative findings 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 131.566
Motor vehicle with hidden compartment 131.567
Recorded notice of intent to forfeit real property 131.570
Notice of seizure for forfeiture 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 131.585
Extent of judgment 131.588
Judgment of forfeiture 131.591
Equitable distribution of property or proceeds 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
Record keeping and reporting requirements 131.602
Prohibited conduct for purposes of instrumentalities of crime 131.604
Disposition of forfeited cigarettes 131.605
Definitions for ORS 131.605 to 131.625 131.615
Stopping of persons 131.625
Frisk of stopped persons 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 131.665
Prevention by public officers 131.675
Dispersal of unlawful assemblages 131.685
Authority of Governor to enter into agreements with other states for crime prevention purposes 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 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 131.845
Findings 131.855
Appointment of special officers on finding that laws are not enforced 131.860
Qualifying of special officers 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 131.885
Offer of reward 131.890
Entitlement to reward 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 131.900
Liability for medical expenses for person restrained, detained or taken into custody 131.905
Legislative findings 131.906
Law Enforcement Contacts Policy and Data Review Committee 131.908
Funding contributions 131.909
Moneys received 131.915
Definitions 131.920
Policies and procedures prohibiting profiling 131.925
Complaints alleging profiling 131.930
Definitions 131.935
Collection of officer-initiated stop data 131.940
Analysis of stop data to identify profiling 131.945
Training for law enforcement agencies
Green check means up to date. Up to date

Current through early 2024

§ 131.594’s source at oregon​.gov