Bill Text: OR SB430 | 2011 | Regular Session | Enrolled
Bill Title: Relating to civil forfeiture; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2011-06-22 - Effective date, June 14, 2011. [SB430 Detail]
Download: Oregon-2011-SB430-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 430
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 Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to civil forfeiture; creating new provisions; amending
ORS 131A.005 and 131A.360; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 131A.005 is amended to read:
131A.005. As used in this chapter:
(1) 'All persons known to have an interest' means:
(a) Any person who filed a notice of interest for seized
property with any public office, in the manner required or
permitted by law, before the property was seized for forfeiture;
(b) Any person from whose custody property is seized for
forfeiture; and
(c) Any person who has an interest in property seized for
forfeiture, including all owners and occupants of the property,
whose identity and address is known or is ascertainable upon
diligent inquiry and whose rights and interest in the property
may be affected by the action.
(2) 'Attorney fees' has the meaning given that term in ORCP 68
A.
(3) 'Financial institution' means any person lawfully
conducting business as:
(a) A financial institution or trust company, as those terms
are defined in ORS 706.008;
(b) A consumer finance company subject to the provisions of ORS
chapter 725;
(c) A mortgage banker or a mortgage broker as those terms are
defined in ORS 86A.100, a mortgage servicing company or other
mortgage company;
(d) An officer, agency, department or instrumentality of the
federal government, including but not limited to:
(A) The Secretary of Housing and Urban Development;
(B) The Federal Housing Administration;
(C) The United States Department of Veterans Affairs;
(D) Rural Development and the Farm Service Agency of the United
States Department of Agriculture;
(E) The Federal National Mortgage Association;
(F) The Government National Mortgage Administration;
(G) The Federal Home Loan Mortgage Corporation;
(H) The Federal Agricultural Mortgage Corporation; and
Enrolled Senate Bill 430 (SB 430-A) Page 1
(I) The Small Business Administration;
(e) An agency, department or instrumentality of the state,
including but not limited to:
(A) The Housing and Community Services Department;
(B) The Department of Veterans' Affairs; and
(C) The Public Employees Retirement System;
(f) An agency, department or instrumentality of any local
government, as defined by ORS 174.116 { + , + } or special
government body, as defined by ORS 174.117, including but not
limited to such agencies as the Portland Development Commission;
(g) An insurer as defined in ORS 731.106;
(h) A private mortgage insurance company;
(i) A pension plan or fund or other retirement plan; and
(j) A broker-dealer or investment adviser as defined in ORS
59.015.
(4) 'Forfeiting agency' means a public body that is seeking
forfeiture of property under this chapter.
(5) 'Forfeiture counsel' means an attorney designated by a
forfeiting agency to represent the forfeiting agency in
forfeiture proceedings.
(6) 'Forfeiture proceeds' means all property that has been
forfeited in a proceeding under this chapter, including money,
earnings from forfeited property and amounts realized from the
sale of forfeited property.
(7) 'Instrumentality' has the meaning given in ORS 131.550.
(8) 'Law enforcement agency' means any agency that employs
police officers or prosecutes criminal cases.
(9) 'Motor vehicle with a hidden compartment' means a motor
vehicle as defined in ORS 801.360 that has had the vehicle's
original design modified by a person other than the manufacturer
to create a container, space or enclosure for the purpose of
concealing, hiding or otherwise preventing discovery of its
contents and that is used or intended to be used to facilitate
the commission of a criminal offense.
(10) 'Police officer' has the meaning given that term in ORS
133.525.
(11) 'Proceeds of prohibited conduct' means property derived
directly or indirectly from prohibited conduct, or maintained by
or realized through prohibited conduct. 'Proceeds of prohibited
conduct' includes any benefit, interest or property of any kind,
without reduction for expenses of acquiring or maintaining the
property.
(12) 'Prohibited conduct' means:
(a) Violation of, solicitation to violate, attempt to violate
or conspiracy to violate a provision of ORS 475.005 to 475.285
and 475.805 to 475.980 when the conduct constitutes the
commission of a crime as described in ORS 161.515;
{ + (b) Violation of, solicitation to violate, attempt to
violate or conspiracy to violate a provision of ORS 163.263,
163.264, 163.266 or 167.017; + } and
{ - (b) - } { + (c) + } Other conduct that constitutes the
commission of a crime as described in ORS 161.515, that provides
for civil forfeiture of proceeds or instrumentalities of the
conduct and that is made subject to the provisions of this
chapter under ORS 131A.010 (4) or other law.
(13) 'Property' means any interest in anything of value,
including the whole of any lot or tract of land and tangible and
intangible personal property, including currency, instruments or
securities or any other kind of privilege, interest, claim or
right whether due or to become due.
Enrolled Senate Bill 430 (SB 430-A) Page 2
(14) 'Public body' has the meaning given in ORS 174.109.
(15) 'Seizing agency' means a law enforcement agency that has
seized property for forfeiture.
(16) 'Weapon' means any instrument of offensive or defensive
combat or anything used, or designed to be used, in destroying,
defeating or injuring a person.
SECTION 2. ORS 131A.360 is amended to read:
131A.360. (1) The provisions of this section apply only to a
forfeiting agency other than the state, and apply only to
forfeiture proceeds arising out of prohibited conduct as defined
by ORS 131A.005 (12)(a).
(2) If the forfeiting agency is not a county, the forfeiting
agency shall enter into an agreement, under ORS chapter 190, with
the county in which the property was seized to provide a portion
of the forfeiture proceeds to the county.
(3) After entry of a judgment of forfeiture, a forfeiting
agency shall first pay from the forfeiture proceeds the costs
incurred by seizing and forfeiting agencies in investigating and
prosecuting the case, including costs, disbursements and attorney
fees as defined in ORCP 68 A, special expenses such as the
provision of currency for undercover law enforcement operations,
the cost of disabling a hidden compartment in a motor vehicle and
the expenses of maintaining the seized property. The forfeiting
agency may not pay expenditures made in connection with the
ordinary maintenance and operation of a seizing or forfeiting
agency under this subsection.
(4) After payment of costs under subsection (3) of this
section, the forfeiting agency shall:
(a) Deduct an amount equal to five percent of the forfeiture
proceeds and deposit that amount in the Illegal Drug Cleanup Fund
established by ORS 475.495 for the purposes specified in ORS
475.495 (5) and (6);
(b) Deduct an amount equal to 2.5 percent of the forfeiture
proceeds and deposit that amount in the Asset Forfeiture
Oversight Account;
(c) Deduct an amount equal to 20 percent of the forfeiture
proceeds and deposit that amount in the Oregon Criminal Justice
Commission Account established under ORS 137.662 for disbursement
to drug court programs as described in ORS 3.450; and
(d) Deduct an amount equal to 10 percent of the forfeiture
proceeds and deposit that amount in the State Commission on
Children and Families Account established by ORS 417.733 for
disbursement to relief nurseries as described in ORS 417.788.
(5) If the forfeiting agency has entered into an agreement with
a county under subsection (2) of this section, after paying costs
under subsection (3) of this section and making the deductions
required by subsection (4) of this section, the forfeiting agency
shall pay the county the amounts required by the agreement.
(6) After making all payments and deductions required by
subsections (3), (4) and (5) of this section, the forfeiting
agency may use the remaining forfeiture proceeds, including
amounts received by a county under subsection (5) of this section
or by a any other public body under an intergovernmental
agreement entered into under ORS 131A.355, only for:
(a) The purchase of equipment necessary for the enforcement of
laws relating to the unlawful delivery, distribution, manufacture
or possession of controlled substances;
(b) Currency for undercover law enforcement operations;
(c) Drug awareness and drug education programs offered in
middle schools and high schools;
Enrolled Senate Bill 430 (SB 430-A) Page 3
(d) The expenses of a forfeiting agency in operating joint
narcotic operations with other forfeiting agencies pursuant to
the terms of an intergovernmental agreement, including paying for
rental space, utilities and office equipment; { - and - }
(e) Expenses of a district attorney in criminal prosecutions
for unlawful delivery, distribution, manufacture or possession of
controlled substances, as determined through intergovernmental
agreement between the forfeiting agency and the district
attorney { + ; and
(f) A Court Appointed Special Advocate Volunteer Program + }.
(7) Notwithstanding subsection (6) of this section, growing
equipment and laboratory equipment seized by a forfeiting agency
that was used, or intended for use, in the manufacturing of
controlled substances may be donated to a public school,
community college or institution of higher education.
(8) A forfeiting agency shall sell as much property as may be
needed to make the distributions required by this section.
Distributions required under subsection (4) of this section must
be made once every three months and are due within 20 days of the
end of each quarter. No interest shall accrue on amounts that are
paid within the period specified by this subsection.
SECTION 3. { + The amendments to ORS 131A.005 by section 1 of
this 2011 Act apply to conduct occurring on or after the
effective date of this 2011 Act. + }
SECTION 4. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by Senate April 13, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 31, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 430 (SB 430-A) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 430 (SB 430-A) Page 5
