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

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-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to SB 430

LC 2836/SB 430-1

                      SENATE AMENDMENTS TO
                         SENATE BILL 430

                    By COMMITTEE ON JUDICIARY

                            April 11

  On page 1 of the printed bill, line 2, after '131A.005 ' insert
'and 131A.360'.
  On page 3, delete lines 4 through 8 and insert:
  '  { +  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;
  ' (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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