ORS 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 (Forms of pleadings), 132.540 (Sufficiency of indictment), 132.550 (Contents of indictment), 132.557 (Indictment must contain subcategory facts under certain circumstances), 132.560 (Joinder of counts and charges) and 132.580 (Names of grand jury witnesses required on indictment).

(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 (Notice of seizure for forfeiture) or affidavits under ORS 131.579 (Affidavit in response to notice of seizure for forfeiture) 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 person’s interest in the property but was not eligible to file an affidavit under ORS 131.579 (Affidavit in response to notice of seizure for forfeiture), 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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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 (Judgment of forfeiture).

(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 (Affidavit in response to notice of seizure for forfeiture) (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)

Intentionally left blank —Ed.

(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 (Time for service and filing of notice of appeal) (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 court’s jurisdiction. [2005 c.830 §12]

Source: Section 131.582 — Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants, 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

§ 131.582’s source at oregon​.gov