ORS 167.347
Forfeiture of animal to animal care agency prior to disposition of criminal action

(1)

Intentionally left blank —Ed.

(a)

If an animal is impounded pursuant to ORS 167.345 (Authority to enter premises or motor vehicle) and is being held by a county animal shelter or other animal care agency pending outcome of a criminal action charging a violation of ORS 167.315 (Animal abuse in the second degree) to 167.333 (Sexual assault of an animal), 167.340 (Animal abandonment), 167.355 (Involvement in animal fighting), 167.365 (Dogfighting) or 167.428 (Cockfighting), prior to the final disposition of the criminal action, the county or other animal care agency or, on behalf of the county or other animal care agency, the district attorney, may file a petition in the criminal action requesting that the court issue an order forfeiting the animal to the county or other animal care agency prior to the final disposition of the criminal action. The petitioner shall serve a true copy of the petition upon the defendant and, unless the district attorney has filed the petition on behalf of the county or other animal care agency, the district attorney.

(b)

A petition may be filed in the criminal action under paragraph (a) of this subsection concerning any animal impounded under ORS 167.345 (Authority to enter premises or motor vehicle) and held pending the outcome of the criminal action, regardless of whether the specific animal is the subject of a criminal charge, or named in the charging instrument, in the criminal action.

(2)

Intentionally left blank —Ed.

(a)

Upon receipt of a petition pursuant to subsection (1) of this section, the court shall set a hearing on the petition. The hearing shall be conducted within 14 days after the filing of the petition, or as soon as practicable.

(b)

To provide notice on any potential claimant who may have an interest in any animals impounded pursuant to ORS 167.345 (Authority to enter premises or motor vehicle) and as an alternate form of service upon a defendant who cannot be personally served as required in subsection (1) of this section, a petitioner may publish notice of the filing of the petition, printed twice weekly for up to 14 consecutive days in a daily or weekly newspaper, as defined in ORS 193.010 (Definitions for ORS 193.010 and 193.020), published in the county in which the hearing is to be held or, if there is none, in a daily or weekly newspaper, as defined in ORS 193.010 (Definitions for ORS 193.010 and 193.020), generally circulated in the county in which the hearing is to be held. The notice of the filing of the petition required under this subsection shall contain a description of the impounded animal or animals, the name of the owner or reputed owner thereof, the location from which the animal or animals were impounded and the time and place of the hearing if the hearing has been set at the time of publication, or otherwise the name, address and phone number for the attorney for the petitioner, who shall upon request provide further details on the hearing date, place and time.

(3)

At a hearing conducted pursuant to subsection (2) of this section, the petitioner shall have the burden of establishing probable cause to believe that the animal was subjected to a violation of ORS 167.315 (Animal abuse in the second degree) to 167.333 (Sexual assault of an animal), 167.340 (Animal abandonment), 167.355 (Involvement in animal fighting), 167.365 (Dogfighting) or 167.428 (Cockfighting). The defendant or any other claimant shall have an opportunity to be heard before the court makes its final finding. If the court finds that probable cause exists, the court shall order immediate forfeiture of the animal to the petitioner, unless the defendant or any other claimant, within 72 hours of the hearing, posts a security deposit or bond with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the petitioner in caring for the animal from the date of initial impoundment to the date of trial.

(4)

If a security deposit or bond has been posted in accordance with subsection (3) of this section, and the trial in the action is continued at a later date, any order of continuance shall require the defendant or any other claimant to post an additional security deposit or bond in an amount determined by the court that shall be sufficient to repay all additional reasonable costs anticipated to be incurred by the petitioner in caring for the animal until the new date of trial.

(5)

If a security deposit or bond has been posted in accordance with subsection (4) of this section, the petitioner may draw from that security deposit or bond the actual reasonable costs incurred by the petitioner in caring for any impounded animal from the date of initial impoundment to the date of final disposition of the animal in the related criminal action.

(6)

The provisions of this section are in addition to, and not in lieu of, the provisions of ORS 167.350 (Forfeiture of rights in mistreated animal) and 167.435 (Forfeiture of rights in fighting birds, source birds or property) and ORS chapters 87 and 88. [1995 c.369 §2; 2001 c.926 §13; 2009 c.550 §2; 2011 c.455 §1; 2013 c.719 §7; 2017 c.279 §1]

Source: Section 167.347 — Forfeiture of animal to animal care agency prior to disposition of criminal action, https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html.

Notes of Decisions

Forfeiture proceeding initiated during criminal action is special statutory proceeding that is separate and distinct from pending criminal action. State v. Branstetter, 332 Or 389, 29 P3d 1121 (2001)

Appeal from forfeiture order does not deprive trial court of jurisdiction to proceed to trial on criminal matter that was predicate to initiation of forfeiture action. State v. Branstetter, 332 Or 389, 29 P3d 1121 (2001)

Justice of peace having jurisdiction over pending criminal action under ORS 167.315 to 167.333 or 167.340 also has jurisdiction over animal forfeiture proceeding. Stirton v. Trump, 202 Or App 252, 121 P3d 714 (2005)

Respondent is not guaranteed jury trial under Article I, section 17, Oregon Constitution, in case brought under this section, as claim under this section is more akin to lien foreclosure than to true forfeiture claim and involves determinations customarily tried to court rather than jury. State/Klamath County v. Hershey, 304 Or App 56, 466 P3d 987 (2020), Sup Ct review allowed

167.002
Definitions for ORS 167.002 to 167.027 167.007
Prostitution 167.008
Commercial sexual solicitation 167.012
Promoting prostitution 167.017
Compelling prostitution 167.027
Evidence required to show place of prostitution 167.051
Definitions for ORS 167.057 167.057
Luring a minor 167.060
Definitions for ORS 167.060 to 167.095 167.062
Sadomasochistic abuse or sexual conduct in live show 167.075
Exhibiting an obscene performance to a minor 167.080
Displaying obscene materials to minors 167.085
Defenses in prosecutions under ORS 167.075 and 167.080 167.090
Publicly displaying nudity or sex for advertising purposes 167.095
Defenses in prosecutions under ORS 167.090 167.100
Application of ORS 167.060 to 167.100 167.108
Definitions for ORS 167.109 and 167.112 167.109
Internet gambling 167.112
Liability of certain entities engaged in certain financial transactions 167.114
Application of ORS 167.109 and 167.112 to Oregon Racing Commission 167.116
Rulemaking for certain exceptions under ORS 167.117 167.117
Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530 167.118
Certain games or events conducted by charitable, fraternal or religious organizations 167.121
Local authorization of social games 167.122
Unlawful gambling in the second degree 167.127
Unlawful gambling in the first degree 167.132
Possession of gambling records in the second degree 167.137
Possession of gambling records in the first degree 167.142
Defense to possession of gambling records 167.147
Possession of a gambling device 167.153
Proving occurrence of sporting event in prosecutions of gambling offenses 167.158
Lottery prizes forfeited to county 167.162
Gambling device as public nuisance 167.164
Possession of a gray machine 167.166
Removal of unauthorized video lottery game terminal 167.167
Cheating 167.203
Definitions for ORS 167.212 to 167.252 167.212
Tampering with drug records 167.222
Frequenting a place where controlled substances are used 167.238
Prima facie evidence permitted in prosecutions of drug offenses 167.243
Exemption contained in drug laws as defense to drug offenses 167.248
Search and seizure of conveyance in which drugs unlawfully transported or possessed 167.252
Preclusion of state prosecution 167.262
Use of minor in controlled substance or marijuana item offense 167.305
Legislative findings 167.310
Definitions for ORS 167.310 to 167.351 167.312
Research and animal interference 167.315
Animal abuse in the second degree 167.320
Animal abuse in the first degree 167.322
Aggravated animal abuse in the first degree 167.325
Animal neglect in the second degree 167.330
Animal neglect in the first degree 167.332
Prohibition against possession of same genus or domestic animal 167.333
Sexual assault of an animal 167.334
Evaluation of person convicted of violating ORS 167.333 167.335
Exemption from ORS 167.315 to 167.333 167.337
Interfering with law enforcement animal 167.339
Assaulting a law enforcement animal 167.340
Animal abandonment 167.341
Encouraging sexual assault of an animal 167.343
Unlawful tethering 167.345
Authority to enter premises or motor vehicle 167.347
Forfeiture of animal to animal care agency prior to disposition of criminal action 167.348
Placement of forfeited animal 167.349
Encouraging animal abuse 167.350
Forfeiture of rights in mistreated animal 167.351
Trading in nonambulatory livestock 167.352
Interfering with an assistance, a search and rescue or a therapy animal 167.355
Involvement in animal fighting 167.360
Definitions for ORS 167.360 to 167.372 167.365
Dogfighting 167.370
Participation in dogfighting 167.372
Possessing dogfighting paraphernalia 167.374
Possession or control of dogs for purpose of reproduction 167.376
Standards of care applicable to dog breeders 167.383
Equine tripping 167.385
Unauthorized use of a livestock animal 167.387
Definitions for ORS 167.387 and 167.388 167.388
Interference with livestock production 167.390
Commerce in fur of domestic cats and dogs prohibited 167.426
Definitions for ORS 167.426 to 167.439 167.428
Cockfighting 167.431
Participation in cockfighting 167.433
Seizure of fighting birds or source birds 167.435
Forfeiture of rights in fighting birds, source birds or property 167.437
Constructive possession of fighting birds or source birds 167.439
Forcible recovery of a fighting bird 167.500
Definitions for ORS 167.502, 167.506 and 167.508 167.502
Sale of certain items at unused property market prohibited 167.506
Recordkeeping requirements 167.508
Exemptions from ORS 167.502 and 167.506 167.747
Definitions for ORS 167.750 to 167.780 167.750
Definition for ORS 167.755 and 431A.175 167.755
Selling tobacco products or inhalant delivery systems to person under 21 years of age 167.760
Purchase or attempted purchase of tobacco products or inhalant delivery system by person under 21 years of age 167.763
Entry or attempted entry of premises by person under 21 years of age for purpose of assisting with investigation 167.765
Retail store location of tobacco products or inhalant delivery systems 167.770
Display of sign 167.775
Local regulation of vending machines 167.780
Sale or dispensing of tobacco products or inhalant delivery systems by vending machine 167.808
Unlawful possession of inhalants 167.810
Creating a hazard 167.820
Concealing the birth of an infant 167.822
Improper repair of a vehicle inflatable restraint system 167.824
Unlawful possession of undeployed air bags or air bag canisters 167.830
Employment of minors in place of public entertainment 167.840
Application of ORS 167.830 limited
Green check means up to date. Up to date

Current through early 2024

§ 167.347’s source at oregon​.gov