Bill Text: OR SB430 | 2011 | Regular Session | Introduced

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

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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-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2836

                         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)

                             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.

  Includes specified crimes as prohibited conduct for purposes of
civil forfeiture.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to civil forfeiture; creating new provisions; amending
  ORS 131A.005; 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
  (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.
  (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.  { + 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 3.  { + 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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