Bill Text: OR SB28 | 2013 | Regular Session | Introduced
Bill Title: Relating to publishing notice on the Internet; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB28 Detail]
Download: Oregon-2013-SB28-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 556
Senate Bill 28
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 State Police)
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.
Authorizes publishing notice of criminal forfeiture, civil
forfeiture and intent to dispose of unclaimed property on
Internet.
Directs Oregon Criminal Justice Commission to maintain website
and post notices for at least 30 days.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to publishing notice on the Internet; creating new
provisions; amending ORS 98.245, 131.570, 131A.150 and
131A.230; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Criminal Justice Commission
shall maintain a website for the purpose of providing notice to
interested parties of:
(a) The seizure of property for criminal forfeiture under ORS
131.570;
(b) The seizure of property for civil forfeiture under ORS
131A.150;
(c) The commencement of a civil forfeiture action under ORS
131A.230; and
(d) The intent to dispose of unclaimed property under ORS
98.245.
(2) When the commission receives a notice described in
subsection (1) of this section from a seizing agency, forfeiting
agency or removing authority, the commission shall post a copy of
the notice on the website for at least 30 consecutive days.
(3) The commission may adopt rules to carry out the provisions
of this section.
(4) As used in this section:
(a) 'Forfeiting agency' has the meaning given that term in ORS
131A.005.
(b) 'Removing authority' has the meaning given that term in ORS
98.245.
(c) 'Seizing agency' has the meaning given that term in ORS
131.550. + }
SECTION 2. ORS 131A.150 is amended to read:
131A.150. (1) A forfeiture notice must contain:
(a) A copy of the inventory prepared by the police officer
under ORS 131A.055, with any amendments made under ORS 131A.055
(3);
(b) The name of the person from whom the property was seized;
(c) The name, address and telephone number of the seizing
agency;
(d) The address and telephone number of the office or other
place where further information concerning the seizure may be
obtained; and
(e) A statement in substantially the following form:
_________________________________________________________________
NOTICE OF SEIZURE FOR FORFEITURE
Notice to Potential Claimant -
Read These Papers Carefully ! !
If you have any interest in the seized property described in
these papers, you must claim that interest or you will
automatically lose that interest. If you do not file a claim for
the property, the property may be forfeited even if you are not
convicted of any crime. To claim an interest, you must file a
written claim with the forfeiture counsel named below. The
written claim must be signed by you, under penalty of perjury,
and state: (a) Your true name; (b) The address at which you will
accept future mailings from the court and forfeiture counsel; and
(c) A statement that you have an interest in the seized property.
Your deadline for filing the claim document is 21 days from the
day this form is given to you. If you have any questions, you
should see an attorney immediately.
_________________________________________________________________
(2) A police officer who seizes property for forfeiture may
serve a forfeiture notice on the person from whose possession the
property is taken, or on the person in apparent control of the
property, at the time the property is seized.
(3) If a police officer seizes property for forfeiture and does
not serve a forfeiture notice under subsection (2) of this
section, the forfeiting agency shall issue the forfeiture notice
not more than 15 days after the seizure.
(4) { + (a) + } Except as provided in subsections (5) and (6)
of this section, a forfeiting agency shall make reasonable
efforts to serve a forfeiture notice on all persons known to have
an interest in the seized property.
{ + (b) + } A person may be served as provided in ORCP 7 D
except that summons must include information regarding the right
to file a claim as provided by ORS 131A.165, if applicable, and
the deadline for filing the claim.
{ + (c) + } If the property is cash in the amount of $1,000
or less, or if the fair market value of the property is $1,000 or
less, the forfeiting agency may publish { - notice of seizure
for forfeiture - } { + the forfeiture notice:
(A) + } In a newspaper as provided in ORCP 7 D(6)(b) to
(d) { + ; or
(B) On the website maintained by the Oregon Criminal Justice
Commission under section 1 of this 2013 Act + }.
{ + (d) + } { - In all other cases, - } { + If the
property is cash in an amount of more than $1,000, or if the fair
market value of the property is more than $1,000, + }the
forfeiting agency shall publish
{ - notice of seizure for forfeiture - } { + the forfeiture
notice:
(A) + } In a newspaper as provided in ORCP 7 D(6)(b) to
(d) { + ; or
(B) On the website maintained by the Oregon Criminal Justice
Commission under section 1 of this 2013 Act + }.
{ + (e) + } A copy of the { + forfeiture + } notice
{ - and inventory - } shall be provided to the forfeiting
agency's forfeiture counsel.
(5) If a forfeiting agency publishes forfeiture notice under
subsection (4) of this section, the agency may include { - in a
single publication - } as many forfeiture notices as the agency
considers convenient. The publication may contain a single
statement of matters from the forfeiture notices that are common
to all of the notices and that would otherwise result in needless
repetition. The publication must contain for each forfeiture
notice a separate copy of the inventory and a separate statement
of the identity of the person from whose custody the property was
seized.
(6) A forfeiture notice need not be served on a person who has
received a receipt under ORS 131A.055 if:
(a) The receipt contains an estimate of the value of the
property seized;
(b) The seizing agency has not amended the inventory under ORS
131A.055 (3); and
(c) The receipt contains information regarding the right to
file a claim as described in ORS 131A.165 and the deadline for
filing the claim.
(7) If a person received a receipt as described in subsection
(6) of this section, but the person must be served with a
forfeiture notice because the seizing agency has amended the
inventory under ORS 131A.055 (3), the seizing agency may serve a
forfeiture notice on the person by mailing a true copy of the
notice to the person by certified mail, return receipt requested.
SECTION 3. ORS 131A.230 is amended to read:
131A.230. (1) Upon commencement of a forfeiture action, the
forfeiting agency must serve the summons and complaint on all
persons known to have an interest in the property in the manner
provided by ORCP 5 and 7 D. { - In addition, notice of the
action must be published as provided in ORCP 7 D(6)(b) to (d) - }
Unless the forfeiture notice for the property was previously
published in the manner provided in ORS 131A.150 (4) { + , the
forfeiting agency must also publish notice of the action:
(a) In a newspaper as provided in ORCP 7 D(6)(b) to (d); or
(b) On the website maintained by the Oregon Criminal Justice
Commission under section 1 of this 2013 Act + }.
(2) If the property to be forfeited in a forfeiture action is a
vehicle, and { - substitute - } { + substituted + } service
on the claimant is required because personal service cannot be
reasonably accomplished, service in the manner provided by ORCP 7
D(4) is sufficient to establish jurisdiction over a registered
owner or operator of a vehicle.
(3) If the property to be forfeited in a forfeiture action is
in whole or part a manufactured dwelling as defined in ORS
446.003 or a floating home as defined in ORS 830.700, the
forfeiting agency must record a notice of seizure containing a
description of the manufactured dwelling or floating home in all
public offices maintaining records that impart constructive
notice of matters relating to manufactured dwellings or floating
homes.
SECTION 4. ORS 131.570 is amended to read:
131.570. (1) { + (a) + } As soon as practicable after seizure
for criminal forfeiture, the seizing agency shall review the
inventory prepared by the police officer under ORS 131.561.
Within 30 days after seizure for criminal forfeiture, the
forfeiture counsel shall file a criminal information or an
indictment alleging facts sufficient to establish that the
property is subject to criminal forfeiture. Within 30 days after
seizure for criminal forfeiture, the seizing agency or forfeiture
counsel shall prepare a notice of seizure for criminal forfeiture
containing a copy of the inventory prepared pursuant to ORS
131.561, the identity of the person from whom the property was
seized, the name, address and telephone number of the seizing
agency and the address and telephone number of the office or
other place where further information concerning the seizure and
criminal forfeiture may be obtained, and shall make reasonable
efforts to serve the notice of seizure for criminal forfeiture on
all persons, other than the defendant, known to have an interest
in the seized property.
{ + (b) + } A person may be served as provided in ORCP 7 D
except that the notice must also include information regarding
the right to file a claim under subsection (2) of this section,
if applicable, and the deadline for filing the claim.
{ + (c) + } If the property is cash in the amount of $1,000
or less { + , + } or if the fair market value of the property is
$1,000 or less, the seizing agency may publish { + the + }
notice of seizure for criminal forfeiture { + :
(A) + } In a newspaper as provided in ORCP 7 D(6)(b) to
D(6)(d) { + ; or
(B) On the website maintained by the Oregon Criminal Justice
Commission under section 1 of this 2013 Act + }.
{ + (d) + } { - In all other cases, - } { + If the
property is cash in an amount of more than $1,000, or if the fair
market value of the property is more than $1,000, + }the seizing
agency shall publish { + the + } notice of seizure for criminal
forfeiture { + :
(A) + } In a newspaper as provided in ORCP 7 D(6)(b) to
D(6)(d) { + ; or
(B) On the website maintained by the Oregon Criminal Justice
Commission under section 1 of this 2013 Act + }.
{ + (e) + } The seizing agency shall provide a copy of the
notice { - , inventory - } { + of seizure for criminal
forfeiture + } and estimate of value to the forfeiture counsel.
(2) Except as otherwise provided in ORS 131.579 (1) to (3), if
notice of seizure for criminal forfeiture:
(a) Is given in a manner other than by publication, any person,
other than the defendant, claiming an interest in the property
must file a claim with the forfeiture counsel within 21 days
after service of notice of seizure for criminal forfeiture.
(b) Is published, any person, other than the defendant,
claiming an interest in the property must file a claim with the
forfeiture counsel within 21 days after the last publication
date.
(3) An extension for the filing of a claim under subsection (2)
of this section may not be granted. The claim must be signed by
the claimant under penalty of perjury and must set forth all of
the following:
(a) The true name of the claimant;
(b) The address at which the claimant will accept future
mailings from the court or the forfeiture counsel; and
(c) A statement that the claimant has an interest in the seized
property.
(4) If a seizing agency publishes notice of seizure for
criminal forfeiture { - in a newspaper - } in the manner
provided by subsection (1) of this section, the agency may
include { - in a single publication - } as many notices of
{ + seizure for + } criminal forfeiture as the agency considers
convenient. The publication may contain a single statement of
matters from the notices of { + seizure for + } criminal
forfeiture that are common to all of the notices and that would
otherwise result in needless repetition. The publication must
contain for each notice of { + seizure for + } criminal
forfeiture a separate copy of the inventory prepared pursuant to
ORS 131.561, and a separate statement of the identity of the
person from whose custody the property was seized. The published
inventory need not contain estimates of value for the property
seized.
SECTION 5. ORS 98.245 is amended to read:
98.245. (1) As used in this section:
(a) 'Removing authority' means a sheriff's office, a municipal
police department, a state police office, a law enforcement
agency created by intergovernmental agreement or a port as
defined in ORS 777.005 or 778.005.
(b) 'Unclaimed property' means personal property that was
seized by a removing authority as evidence, abandoned property,
found property or stolen property, and that has remained in the
physical possession of that removing authority for a period of
more than 60 days following conclusion of all criminal actions
related to the seizure of the evidence, abandoned property, found
property or stolen property, or conclusion of the investigation
if no criminal action is filed.
(2) Notwithstanding ORS 98.302 to 98.436, and in addition to
any other method provided by law, a removing authority may
dispose of unclaimed property as follows:
(a) { + The removing authority shall prepare a notice of the
intent to dispose of the unclaimed property. The notice must
include + }an inventory describing the unclaimed
property { + , + } { - shall be prepared by the removing
authority. - }
{ - (b) The removing authority shall publish a notice of
intent to dispose of the unclaimed property described in the
inventory prepared pursuant to paragraph (a) of this subsection.
The notice shall be posted in three public places in the
jurisdiction of the removing authority, and shall also be
published in a newspaper of general circulation in the
jurisdiction of the removing authority. The notice shall include
a description of the unclaimed property as provided in the
inventory, - } the address and telephone number of the removing
authority and a statement in substantially the following form:
_________________________________________________________________
NOTICE
The (removing authority) has in its physical possession the
unclaimed personal property described below. If you have
{ - any - } { + an + } ownership interest in any of that
unclaimed property, you must file a claim with the (removing
authority) within 30 days from { + ( + }the date of publication
of this notice { + ) + }, or you will lose your interest in that
property.
_________________________________________________________________
{ + (b) The removing authority shall:
(A) Publish the notice on the website maintained by the Oregon
Criminal Justice Commission under section 1 of this 2013 Act; or
(B)(i) Publish the notice in a newspaper of general circulation
in the jurisdiction of the removing authority; and
(ii) Post the notice in three public places in the jurisdiction
of the removing authority. + }
(c) { + The removing authority shall send + } a copy of the
notice
{ - described in paragraph (b) of this subsection shall also be
sent - } to any person that the removing authority has reason to
believe has an ownership or security interest in any of the
unclaimed property described in the notice. A notice sent
pursuant to this paragraph shall be sent by regular mail to the
last known address of the person.
(d) Prior to the expiration of the time period stated in
{ - a notice issued pursuant to this section - } { + the
notice + }, a person may file a claim that presents proof
satisfactory to the removing authority issuing the notice that
the person is the lawful owner or security interest holder of any
property described in that notice. The removing authority shall
then return the property to that person.
(e) If a removing authority fails to return property to a
person that has timely filed a claim pursuant to paragraph (d) of
this subsection, the person may file, within 30 days of the date
of the failure to return the property, a petition seeking return
of the property to the person. The petition shall be filed in the
circuit court for the county in which the removing authority is
located. If one or more petitions are filed, the removing
authority shall hold the property pending receipt of an order of
the court directing disposition of the property or dismissing the
petition or petitions with prejudice. If the court grants the
petition, the removing authority shall turn the unclaimed
property over to the petitioner in accordance with the order.
(f) Unless the removing authority or court upholds the claim or
petition under paragraph (d) or (e) of this subsection, title to
all unclaimed property described in a notice issued pursuant to
this section shall pass to the removing authority free of any
interest or encumbrance thereon in favor of any person who has:
(A) A security interest in the property and to whom the
removing authority mailed a copy of the notice described in
paragraph { - (b) - } { + (a) + } of this subsection in
accordance with paragraph (c) of this subsection; or
(B) Any ownership interest in the property.
(g) The removing authority may transfer good and sufficient
title to any subsequent purchaser or transferee, and the title
shall be recognized by all courts and governmental agencies. Any
department, agency or officer of the state or any political
subdivision whose official functions include the issuance of
certificates or other evidence of title shall be immune from
civil or criminal liability when such issuance is pursuant to a
bill of sale issued by the removing authority.
SECTION 6. { + 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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