“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:
Reporting the prohibited conduct to a law enforcement agency;
Commencing action that will assert the rights of the affiant as to the property interest;
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;
Any person from whose custody the property was seized; or
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.
“Attorney fees” has the meaning given that term in ORCP 68 A.
“Financial institution” means any person lawfully conducting business as:
“Forfeiture counsel” means an attorney designated to represent a seizing agency in criminal forfeiture actions or proceedings.
“Instrumentality” means property that is used or intended for use in prohibited conduct or that facilitates prohibited conduct.
“Law enforcement agency” means any agency that employs police officers or prosecutes criminal cases.
“Motor vehicle with a hidden compartment” means a motor vehicle as defined in ORS 801.360 (“Motor vehicle”) that has had the vehicle’s original design modified by a person other than the manufacturer to create a container, space or enclosure for the purpose of concealing, hiding or otherwise preventing discovery of its contents and that is used or intended to be used to facilitate the commission of a criminal offense.
“Official law enforcement use” means a use that may reasonably be expected to result in the identification, apprehension or conviction of criminal offenders.
“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.
“Prohibited conduct” means:
For purposes of proceeds, a felony or a Class A misdemeanor.
“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.
“Seizing agency” means a law enforcement agency that has seized property for criminal forfeiture.
“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; 2009 c.874 §5]