ORS 131A.090
Forfeiture trust accounts


(1)

Except for currency with collector value, all money seized for forfeiture, together with all money received from the sale, lease, rental or operation of seized property, shall be immediately deposited in an insured interest-bearing forfeiture trust account or accounts maintained by the seizing or forfeiting agency exclusively for this purpose. Cash may be retained as evidence in a criminal proceeding, but must be deposited in a trust account or trust accounts immediately after the cash is no longer needed as evidence.

(2)

Subject to any court order, amounts deposited in a forfeiture trust account, or held in an account in a financial institution under ORS 131A.080 (Care and custody of seized property generally) (3), including interest on those amounts, shall be disbursed as follows:

(a)

If forfeiture proceedings are abandoned, or if the court ultimately fails to enter a judgment of forfeiture, the amount of the account shall be disbursed by the seizing or forfeiting agency to the person from whom the property was seized.

(b)

If a judgment of forfeiture is entered, but parties other than the forfeiting agency establish rights to portions of the amount deposited in the account that are in the aggregate equal to or larger than the amount in the account, the account shall be disbursed by the forfeiting agency to the parties in the order of the priority of their claims.

(c)

If a judgment of forfeiture is entered, and the total amount in the account is greater than the amount needed to satisfy the interests of security interest holders, lienholders and other claimants, the balance remaining after payment to those claimants shall be retained by the forfeiting agency for distribution as required by ORS 131A.360 (Distribution of forfeiture proceeds by local government) and 131A.365 (Distribution of forfeiture proceeds by state). [2009 c.78 §15]

Source: Section 131A.090 — Forfeiture trust accounts, https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html.

131A.005
Definitions
131A.010
Legislative findings
131A.015
Vesting of title to forfeited property
131A.020
Property subject to forfeiture
131A.025
Consensual search of motor vehicle
131A.030
Seizure of motor vehicle with hidden compartment
131A.035
Seizure of currency
131A.050
Seizure generally
131A.055
Inventory and receipt
131A.060
Seizure with court order
131A.065
Seizure without court order
131A.070
Delivery by third person
131A.075
Liens and security interests of financial institutions
131A.080
Care and custody of seized property generally
131A.085
Order for sale, lease, rental or operation of seized property
131A.090
Forfeiture trust accounts
131A.100
Hearing on probable cause
131A.105
Decision on seeking forfeiture
131A.150
Forfeiture notice
131A.155
Recorded forfeiture notice
131A.160
Transfer of proceedings prohibited
131A.165
Claims
131A.170
Expedited hearing on claim
131A.175
Expedited hearing on affirmative defenses
131A.180
Order restoring custody of property after expedited hearing
131A.200
Ex parte forfeiture
131A.225
Forfeiture actions generally
131A.230
Service
131A.235
Responsive pleading
131A.240
Response by affidavit
131A.245
Hearing on objections to affidavit
131A.250
Foreclosure of security interests, liens and vendor’s interests
131A.255
Standards of proof in forfeiture action
131A.260
Affirmative defenses in forfeiture action
131A.265
Stays
131A.270
Consolidation of actions
131A.275
Special motion for release of property
131A.300
Judgment forfeiting property generally
131A.305
Judgment forfeiting property
131A.310
Judgment for claimant
131A.315
Default judgment
131A.350
Disposition generally
131A.355
Intergovernmental agreements
131A.360
Distribution of forfeiture proceeds by local government
131A.365
Distribution of forfeiture proceeds by state
131A.370
Special Crime and Forfeiture Account
131A.400
Prosecuting attorneys and forfeiture counsel
131A.405
Liability of seizing agencies, forfeiting agencies and forfeiture counsel
131A.410
Indemnification of officers, employees and agents
131A.450
Record keeping and reporting requirements
131A.455
Asset Forfeiture Oversight Advisory Committee
131A.460
Asset Forfeiture Oversight Account
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