Oregon Historical and Heritage Agencies, Programs and Tax Provisions
Alternative method for seizure and forfeiture of instrumentalities and proceeds of certain violations
(1)All instrumentalities or proceeds from the violation of the provisions of ORS 358.920 (Prohibited conduct) to 358.955 (Civil enforcement) or 390.235 (Permits and conditions for excavation or removal of archaeological or historical material) are subject to civil forfeiture to the appropriate Indian tribe, as designated by the Commission on Indian Services. All forfeitures under this section shall be made with due provision for the rights of innocent persons.
(2)Property subject to forfeiture under this section may be seized by a police officer upon court process. Seizure without process may be made if:
(a)The seizure is incident to a lawful arrest or search or an inspection under an administrative inspection warrant; or
(b)The property subject to seizure has been the subject of a prior judgment in favor of the state.
(3)Any police officer seizing property under this section shall promptly contact the Commission on Indian Services. The commission shall designate the appropriate tribe, and give notice to the tribe of the seizure. A civil forfeiture proceeding under ORS 358.925 (Seizure of instrumentalities and proceeds of certain violations) may not be commenced if the tribe gives written notice that the tribe intends to seek forfeiture under this section. Notice by the tribe must be given within 30 days after the commission gives notice to the tribe of the seizure.
(4)Property seized under this section shall be held by the police agency that employs the police officer pending judgment in an action under this section. The property shall not be subject to replevin. Pending judgment in the action, the police agency may:
(a)Place the property under seal;
(b)Remove the property to a place designated by the court; or
(c)Require another agency authorized by law to take custody of the property and remove it to an appropriate location.
(5)In any action brought under this section, the circuit court shall give priority to the hearing and determination. Pending final determination, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper.
(6)The defendant or the tribe may demand a trial by jury in any civil action brought under this section.
(7)A judgment rendered in favor of the state in any criminal proceeding for a violation of ORS 358.920 (Prohibited conduct) to 358.955 (Civil enforcement) or 390.235 (Permits and conditions for excavation or removal of archaeological or historical material) shall estop the defendant in any action under this section as to all matters as to which such judgment would be an estoppel as between the state and the defendant. [2001 c.739 §3; 2003 c.576 §438]
§§ 358.905 to 358.955
Law Review Citations
25 EL 463 (1995)