Bill Text: OR SB27 | 2013 | Regular Session | Introduced

Oregon Senate Bill 27 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to asset forfeiture reporting; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2013-03-25 - Effective date, March 18, 2013. [SB27 Detail]

Download: Oregon-2013-SB27-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 555

                         Senate Bill 27

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber,
  M.D., for Oregon Criminal Justice Commission)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies dates by which certain governmental entities must
submit asset forfeiture reports.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to asset forfeiture reporting; amending ORS 131.600,
  131A.450 and 131A.455; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 131.600 is amended to read:
  131.600. (1) A seizing agency and any agency that receives
forfeited property or proceeds from the sale of forfeited
property under ORS 131.550 to 131.600 shall maintain written
documentation of each sale, decision to retain, transfer or other
disposition of forfeited property.
  (2)(a) As soon as practicable following the seizure of property
for criminal forfeiture, forfeiture counsel shall file with the
Asset Forfeiture Oversight Advisory Committee an electronic
report that describes the property seized and the circumstances
of the seizure.
  (b) As soon as practicable following entry of judgment under
ORS 131.588, forfeiture counsel shall file with the committee an
electronic report describing the judgment and the manner in which
any forfeited property and the proceeds from any sales of
forfeited property were distributed.
  (3) Law enforcement agencies shall supply to forfeiture counsel
all information requested by forfeiture counsel that is necessary
for the preparation of the electronic reports required by
subsection (2) of this section.
  (4) Political subdivisions of this state that receive
forfeiture proceeds under ORS 131.594 shall submit an electronic
report to the committee for any  { + calendar + } year in which
those proceeds are received. The report must  { + be submitted no
later than January 31 of the following year and must + } describe
how  { + the + } proceeds received by the political subdivision
have been or will be used.   { - Reports shall be submitted each
December 15 for the preceding fiscal year of the political
subdivision. - }
  (5) The committee may require forfeiture counsel or a political
subdivision to include in the electronic reports  { +  described
in this section + } any additional information requested by the
committee.
   { +  (6) + } The committee shall develop and make available
electronic forms for the purposes of the reports described in
this section.
  SECTION 2. ORS 131A.450 is amended to read:
  131A.450. (1) All forfeiting agencies shall maintain written
documentation of each seizure for forfeiture made under the
provisions of this chapter, sale of seized or forfeited property
under this chapter, decision to retain property forfeited under
the provisions of this chapter, transfer of property forfeited
under this chapter and other dispositions of property seized for
forfeiture or forfeited under the provisions of this chapter.
  (2)(a) As soon as practicable following the seizure of property
for civil forfeiture, forfeiture counsel shall file with the
Asset Forfeiture Oversight Advisory Committee an electronic
report that describes the property seized and the circumstances
of the seizure.
  (b) As soon as practicable following the entry of judgment
under this chapter, forfeiture counsel shall file with the
committee an electronic report describing the judgment and the
manner in which any forfeited property and the proceeds from any
sales of forfeited property were distributed.
  (3) Law enforcement agencies shall supply to forfeiture counsel
all information requested by forfeiture counsel that is necessary
for the preparation of the electronic reports required by
subsection (2) of this section.
  (4) Public bodies that receive forfeiture proceeds under ORS
131A.360 (2) and 131A.365 (4) shall submit an electronic report
to the committee for any  { + calendar + } year in which those
proceeds are received. The report must  { + be submitted no later
than January 31 of the following year and must + } describe how
 { + the + } proceeds received by the public body have been or
will be used.   { - Reports shall be submitted each December 15
for the preceding fiscal year of the public body. - }
  (5) The committee may require forfeiture counsel or a political
subdivision to include in the electronic reports  { +  described
in this section + } any additional information requested by the
committee.
   { +  (6) + } The committee shall develop and make available
electronic forms for the purposes of the reports described in
this section.
  SECTION 3. ORS 131A.455 is amended to read:
  131A.455. (1) The Asset Forfeiture Oversight Advisory Committee
is created. The committee consists of 10 members to be appointed
as follows:
  (a) The President of the Senate and the Speaker of the House of
Representatives shall appoint four legislators to the committee.
Two shall be Senators appointed by the President. Two shall be
Representatives appointed by the Speaker.
  (b) The Governor shall appoint three members to the committee.
  (c) The Attorney General shall appoint three members to the
committee.
  (2) The term of a legislative member of the committee shall be
two years. The term of all other members shall be four years.
Members of the committee may be reappointed. If a vacancy occurs
on the committee for any reason during the term of membership,
the official who appointed the member to the vacant position
shall appoint a new member to serve the remainder of the term. A
member of the committee may be removed from the committee at any
time by the official who appointed the member.
  (3)(a) The members of the committee shall select from among
themselves a chairperson and vice chairperson.

  (b) The committee shall meet at such times and places as
determined by the chairperson.
  (4) Legislative members shall be entitled to payment of
compensation and expense reimbursement under ORS 171.072, payable
from funds appropriated to the Legislative Assembly.
  (5) The committee shall:
  (a) Prepare reports detailing the number and nature of
forfeitures carried out under this chapter and ORS 131.550 to
131.600, including the disposition and use of the proceeds from
the forfeitures. The reports shall be submitted on or before
  { - March 31 - }   { + April 30 + } of each year to the Speaker
of the House of Representatives, President of the Senate,
Attorney General and Governor.
  (b) In consultation with forfeiture counsel, review and, if
necessary, modify the reports required from forfeiture counsel
and public bodies to ensure that information necessary for
oversight is being obtained and is gathered in an efficient and
effective manner.
  (c) Make any recommendations it deems necessary to increase the
effectiveness, fairness and efficiency of forfeiture actions
brought under this chapter and ORS 131.550 to 131.600.
  (d) Make any recommendations for additional legislation
governing forfeiture actions brought under this chapter and ORS
131.550 to 131.600.
  (e) Conduct studies or other activities as necessary to
accomplish the purposes of this subsection.
  (6) The executive director of the Oregon Criminal Justice
Commission shall provide the committee with staff, subject to
funds available for that purpose.
  (7) For purposes of this section, 'forfeiture counsel '
includes forfeiture counsel as defined in ORS 131.550.
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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