TITLE 14

PROCEDURE IN CRIMINAL MATTERS GENERALLY

 

Chapter     131.     Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention

                  131A.  Civil Forfeiture

                  132.     Grand Jury, Indictments and Other Accusatory Instruments

                  133.     Arrest and Related Procedures; Search and Seizure; Extradition

                  135.     Arraignment and Pretrial Provisions

                  136.     Criminal Trials

                  137.     Judgment and Execution; Parole and Probation by the Court

                  138.     Appeals; Post-Conviction Relief

                  142.     Stolen Property

                  144.     Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports

                  146.     Investigations of Deaths, Injuries and Missing Persons

                  147.     Victims of Crime and Acts of Mass Destruction

                  151.     Public Defenders; Counsel for Financially Eligible Persons

                  153.     Violations and Fines

_______________

 

Chapter 131 — Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention

 

2017 EDITION

 

 

PRELIMINARY PROVISIONS

 

PROCEDURE IN CRIMINAL MATTERS GENERALLY

 

PRELIMINARY PROVISIONS

 

131.005     General definitions

 

131.007     “Victim” defined

 

131.015     Application to prior and subsequent actions

 

131.025     Parties in criminal action

 

131.035     When departures, errors or mistakes in pleadings or proceedings are material

 

131.040     When law enforcement officer may communicate with person represented by counsel

 

131.045     Appearances by simultaneous electronic transmission

 

TIME LIMITATIONS

 

131.105     Timeliness of criminal actions

 

131.125     Time limitations

 

131.135     When prosecution commenced

 

131.145     When time starts to run; tolling of statute

 

131.155     Tolling of statute; three-year maximum

 

JURISDICTION

 

131.205     Definition for ORS 131.205 to 131.235

 

131.215     Jurisdiction

 

131.225     Exceptions

 

131.235     Criminal homicide

 

VENUE

 

131.305     Place of trial

 

131.315     Special provisions

 

131.325     Place of trial; doubt as to place of crime; conduct outside of state

 

131.335     Change of venue

 

131.345     Motion for change of venue; when made

 

131.355     Change of venue for prejudice

 

131.363     Change of venue in other cases

 

131.375     Notification on change of venue

 

131.385     When change of venue is complete

 

131.395     Expenses of change; taxation as costs

 

131.405     Attendance of defendant at new place of trial

 

131.415     Conveyance of defendant in custody after change of venue

 

FORMER JEOPARDY

 

131.505     Definitions for ORS 131.505 to 131.525

 

131.515     Previous prosecution; when a bar to second prosecution

 

131.525     Previous prosecution; when not a bar to subsequent prosecution

 

131.535     Proceedings not constituting acquittal

 

CRIMINAL FORFEITURE

 

131.550     Definitions for ORS 131.550 to 131.600

 

131.553     Legislative findings; effect on local laws; remedy not exclusive

 

131.556     Right, title and interest in forfeited property vests in seizing agency

 

131.558     Property subject to forfeiture

 

131.561     Seizure of property subject to forfeiture

 

131.564     Status of seized property; release; maintenance and use

 

131.566     Motor vehicle with hidden compartment

 

131.567     Recorded notice of intent to forfeit real property; form

 

131.570     Notice of seizure for forfeiture; service on persons other than defendant; publication of notice

 

131.573     Petition for expedited hearing

 

131.576     Order restoring custody of property after expedited hearing

 

131.579     Affidavit in response to notice of seizure for forfeiture

 

131.582     Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants

 

131.585     Extent of judgment

 

131.588     Judgment of forfeiture; contents; effect

 

131.591     Equitable distribution of property or proceeds; intergovernmental agreements

 

131.594     Disposition and distribution of forfeited property when seizing agency not the state

 

131.597     Disposition and distribution of forfeited property when seizing agency is the state

 

131.600     Record keeping and reporting requirements

 

131.602     Prohibited conduct for purposes of instrumentalities of crime

 

131.604     Disposition of forfeited cigarettes

 

CRIME PREVENTION

 

(Stopping of Persons)

 

131.605     Definitions for ORS 131.605 to 131.625

 

131.615     Stopping of persons

 

131.625     Frisk of stopped persons

 

(Detention)

 

131.655     Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater; probable cause

 

(Prevention by Public Officers)

 

131.665     Prevention by public officers

 

131.675     Dispersal of unlawful or riotous assemblages

 

131.685     Authority of Governor to enter into agreements with other states for crime prevention purposes

 

(Exclusion from Public Property)

 

131.705     Definitions for ORS 131.705 to 131.735

 

131.715     Proclamation of emergency period by Governor

 

131.725     Exclusion from public property

 

131.735     Review of exclusion order

 

(Special Law Enforcement Officers)

 

131.805     Authority to employ special agents

 

131.815     Presentment of facts to circuit court

 

131.825     Hearing

 

131.835     Request that judge of another district conduct hearing; traveling expenses

 

131.845     Findings

 

131.855     Appointment of special officers on finding that laws are not enforced

 

131.860     Qualifying of special officers; powers and duties

 

131.865     Compensation of special officers

 

131.875     Effect of appointment of special officers on salary of regular officers

 

131.880     Appointment of railroad police officers; liability

 

(Rewards)

 

131.885     Offer of reward

 

131.890     Entitlement to reward; use of public money to reward bounty hunter

 

131.892     Offer of reward for information on commission of criminal offense

 

131.895     Procedure for payment

 

131.897     Authority to order repayment of reward as part of sentence

 

LIABILITY FOR MEDICAL EXPENSES OF CERTAIN PERSONS

 

131.900     Liability for medical expenses for person restrained, detained or taken into custody

 

LAW ENFORCEMENT CONTACTS POLICY AND DATA REVIEW COMMITTEE

 

131.905     Legislative findings

 

131.906     Law Enforcement Contacts Policy and Data Review Committee; duties; report

 

131.908     Funding contributions

 

131.909     Moneys received

 

LAW ENFORCEMENT PROFILING

 

(Complaint Procedures)

 

131.915     Definitions

 

131.920     Policies and procedures prohibiting profiling

 

131.925     Complaints alleging profiling; complaint form

 

(Data Collection and Analysis)

 

131.930     Definitions

 

131.935     Collection of officer-initiated stop data; use of data; rules

 

131.940     Analysis of stop data to identify profiling; report

 

131.945     Training for law enforcement agencies; presentation to local public safety coordinating council

 

PRELIMINARY PROVISIONS

 

      131.005 General definitions. As used in sections 1 to 311, chapter 836, Oregon Laws 1973, except as otherwise specifically provided or unless the context requires otherwise:

      (1) “Accusatory instrument” means a grand jury indictment, an information or a complaint.

      (2) “Bench warrant” means a process of a court in which a criminal action is pending, directing a peace officer to take into custody a defendant in the action who has previously appeared before the court upon the accusatory instrument by which the action was commenced, and to bring the defendant before the court. The function of a bench warrant is to achieve the court appearance of a defendant in a criminal action for some purpose other than the initial arraignment of the defendant in the action.

      (3) “Complaint” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense, other than an offense punishable as a felony. A complaint serves both to commence an action and as a basis for prosecution thereof.

      (4) “Complainant’s information” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense punishable as a felony. A complainant’s information serves to commence an action, but not as a basis for prosecution thereof.

      (5) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order. “Correctional facility” does not include a youth correction facility as defined in ORS 162.135 and applies to a state hospital only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 to 161.370.

      (6) “Criminal action” means an action at law by means of which a person is accused of the commission of a violation, misdemeanor or felony.

      (7) “Criminal proceeding” means any proceeding which constitutes a part of a criminal action or occurs in court in connection with a prospective, pending or completed criminal action.

      (8) “District attorney,” in addition to its ordinary meaning, includes a city attorney as prosecuting officer in the case of municipal ordinance offenses, a county counsel as prosecuting officer under a county charter in the case of county ordinance offenses, and the Attorney General in those criminal actions or proceedings within the jurisdiction of the Attorney General.

      (9) “District attorney’s information” means a written accusation by a district attorney and:

      (a) If filed with a magistrate to charge a person with the commission of an offense, other than an offense punishable as a felony, serves both to commence an action and as a basis for prosecution thereof; or

      (b) If filed with a magistrate to charge a person with the commission of an offense punishable as a felony, serves to commence an action, but not as a basis for prosecution thereof; or

      (c) If, as is otherwise authorized by law, filed in circuit court to charge a person with the commission of an offense, serves as a basis for prosecution thereof.

      (10) “Information” means a district attorney’s information or a complainant’s information.

      (11) “Probable cause” means that there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it.

      (12) “Trial court” means a court which by law has jurisdiction over an offense charged in an accusatory instrument and has authority to accept a plea thereto, or try, hear or otherwise dispose of a criminal action based on the accusatory instrument.

      (13) “Ultimate trial jurisdiction” means the jurisdiction of a court over a criminal action or proceeding at the highest trial level.

      (14) “Warrant of arrest” means a process of a court, directing a peace officer to arrest a defendant and to bring the defendant before the court for the purpose of arraignment upon an accusatory instrument filed therewith by which a criminal action against the defendant has been commenced. [1973 c.836 §1; 1983 c.760 §1; 1995 c.738 §3; 1997 c.249 §42; 1997 c.801 §101; 1999 c.1051 §122; 2017 c.634 §1]

 

      Note: Legislative Counsel has substituted “chapter 836, Oregon Laws 1973,” for the words “this Act” in sections 1 and 2, chapter 836, Oregon Laws 1973, compiled as 131.005 and 131.015. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1973 Comparative Section Table located in Volume 20 of ORS.

 

      131.007 “Victim” defined. As used in ORS 40.385, 135.230, 147.417, 147.419 and 147.421 and in ORS chapters 136, 137 and 144, except as otherwise specifically provided or unless the context requires otherwise, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 §17; 1993 c.294 §3; 1997 c.313 §30; 2009 c.178 §32; 2013 c.144 §3]

 

      131.010 [Repealed by 1973 c.836 §358]

 

      131.015 Application to prior and subsequent actions.

(1) The provisions of chapter 836, Oregon Laws 1973, apply to:

      (a) All criminal actions and proceedings commenced upon or after January 1, 1974, and all appeals and other post-judgment proceedings relating or attaching thereto; and

      (b) All matters of criminal procedure prescribed in chapter 836, Oregon Laws 1973, which do not constitute a part of any particular action or case, occurring upon or after January 1, 1974.

      (2) The provisions of chapter 836, Oregon Laws 1973, do not impair or render ineffectual any proceedings or procedural matters which occurred before January 1, 1974. [1973 c.836 §2]

 

      Note: See note under 131.005.

 

      131.020 [Repealed by 1973 c.836 §358]

 

      131.025 Parties in criminal action. Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant. [1973 c.836 §3]

 

      131.030 [Repealed by 1973 c.836 §358]

 

      131.035 When departures, errors or mistakes in pleadings or proceedings are material. No departure from the form or mode prescribed by law, error or mistake in any criminal pleading, action or proceeding renders it invalid, unless it has prejudiced the defendant in respect to a substantial right. [1973 c.836 §4]

 

      131.040 When law enforcement officer may communicate with person represented by counsel. A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who prosecutes violations of the criminal laws of this state or the United States is not required to forbid or otherwise prevent the communication, if:

      (1) The communication is related to a criminal investigation;

      (2) No accusatory instrument has been filed charging the person with the commission of an offense that is the subject of the investigation or communication, and no juvenile petition has been filed alleging acts that would constitute the commission of an offense that is the subject of the investigation or communication; and

      (3) The communication is not in violation of the Constitution of the United States or of the State of Oregon. [1995 c.657 §19]

 

      131.045 Appearances by simultaneous electronic transmission. (1) As used in this section:

      (a) “Criminal proceeding” has the meaning given that term in ORS 131.005.

      (b) “Parties” means the State of Oregon and the person being prosecuted.

      (c) “Simultaneous electronic transmission” means television, telephone or any other form of electronic communication transmission if the form of transmission allows:

      (A) The court and the person making the appearance to communicate with each other during the proceeding;

      (B) A defendant who is represented by counsel to consult privately with defense counsel during the proceeding;

      (C) The victim to participate in the proceeding to the same extent that the victim is entitled to participate when the person making the appearance is physically present in the court; and

      (D) The public to hear and, if the transmission includes a visual image, to see the appearance if the public has a right to hear and see the appearance when the person making the appearance is physically present in the court.

      (2) When a statute authorizes or requires a person to make a personal appearance before a court in a criminal proceeding, the person may appear by being physically present in the court or by simultaneous electronic transmission if:

      (a) Simultaneous electronic transmission is authorized by court rule under subsection (3) of this section;

      (b) Except as otherwise provided by law, the parties in the proceeding and the court agree to appearance by simultaneous electronic transmission; and

      (c) Appearance by simultaneous electronic transmission is not specifically prohibited by statute.

      (3) In order for a person to appear by simultaneous electronic transmission as provided in this section, court rules must provide for the use of the specific type of simultaneous electronic transmission at the court location and for the type of proceeding in which the person is appearing. Court rules allowing the use of simultaneous electronic transmission may establish requirements for its use.

      (4) Notwithstanding subsection (2)(b) of this section, a witness in a criminal proceeding may not appear before a jury by simultaneous electronic transmission without the written consent of the parties and the agreement of the court.

      (5) This section does not apply to a hearing under ORS 138.510 to 138.680. [2005 c.566 §4; 2009 c.219 §2]

 

TIME LIMITATIONS

 

      131.105 Timeliness of criminal actions. A criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155. [1973 c.836 §5]

 

      131.110 [Amended by 1971 c.743 §315a; repealed by 1973 c.836 §358]

 

      131.120 [Repealed by 1973 c.836 §358]

 

      131.125 Time limitations. (1) A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be commenced at any time after the commission of the attempt, conspiracy or solicitation to commit aggravated murder or murder, or the death of the person killed.

      (2) A prosecution for any of the following felonies may be commenced within 12 years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age:

      (a) Rape in the first degree under ORS 163.375.

      (b) Sodomy in the first degree under ORS 163.405.

      (c) Unlawful sexual penetration in the first degree under ORS 163.411.

      (d) Sexual abuse in the first degree under ORS 163.427.

      (3) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

      (a) Strangulation under ORS 163.187 (4).

      (b) Criminal mistreatment in the first degree under ORS 163.205.

      (c) Rape in the third degree under ORS 163.355.

      (d) Rape in the second degree under ORS 163.365.

      (e) Sodomy in the third degree under ORS 163.385.

      (f) Sodomy in the second degree under ORS 163.395.

      (g) Unlawful sexual penetration in the second degree under ORS 163.408.

      (h) Sexual abuse in the second degree under ORS 163.425.

      (i) Using a child in a display of sexual conduct under ORS 163.670.

      (j) Encouraging child sexual abuse in the first degree under ORS 163.684.

      (k) Incest under ORS 163.525.

      (L) Promoting prostitution under ORS 167.012.

      (m) Compelling prostitution under ORS 167.017.

      (n) Luring a minor under ORS 167.057.

      (4) A prosecution for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

      (a) Strangulation under ORS 163.187 (3).

      (b) Sexual abuse in the third degree under ORS 163.415.

      (c) Exhibiting an obscene performance to a minor under ORS 167.075.

      (d) Displaying obscene materials to minors under ORS 167.080.

      (5) In the case of crimes described in subsection (3)(i) of this section, the victim is the child engaged in sexual conduct. In the case of the crime described in subsection (3)(k) of this section, the victim is the party to the incest other than the party being prosecuted. In the case of crimes described in subsection (3)(L) and (m) of this section, the victim is the child whose acts of prostitution are promoted or compelled.

      (6) A prosecution for arson in any degree may be commenced within six years after the commission of the crime.

      (7) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime if the victim at the time of the crime was 65 years of age or older:

      (a) Theft in the first degree under ORS 164.055.

      (b) Aggravated theft in the first degree under ORS 164.057.

      (c) Extortion under ORS 164.075.

      (d) Robbery in the third degree under ORS 164.395.

      (e) Robbery in the second degree under ORS 164.405.

      (f) Robbery in the first degree under ORS 164.415.

      (g) Forgery in the first degree under ORS 165.013.

      (h) Fraudulent use of a credit card under ORS 165.055 (4)(b).

      (i) Identity theft under ORS 165.800.

      (8) Except as provided in subsection (9) of this section or as otherwise expressly provided by law, prosecutions for other offenses must be commenced within the following periods of limitations after their commission:

      (a) For any other felony, three years.

      (b) For any misdemeanor, two years.

      (c) For a violation, six months.

      (9) If the period prescribed in subsection (8) of this section has expired, a prosecution nevertheless may be commenced as follows:

      (a) If the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be commenced within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall the period of limitation otherwise applicable be extended by more than three years;

      (b) If the offense is based upon misconduct in office by a public officer or employee, prosecution may be commenced at any time while the defendant is in public office or employment or within two years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years; or

      (c) If the offense is an invasion of personal privacy under ORS 163.700 or 163.701, prosecution may be commenced within one year after discovery of the offense by the person aggrieved by the offense, by a person who has a legal duty to represent the person aggrieved by the offense or by a law enforcement agency, but in no case shall the period of limitation otherwise applicable be extended by more than three years.

      (10) Notwithstanding subsections (2) and (3) of this section, if the defendant is identified after the period described in subsection (2) or (3) of this section on the basis of DNA (deoxyribonucleic acid) sample comparisons, a prosecution for:

      (a) Rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree may be commenced at any time after the commission of the crime.

      (b) Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree may be commenced within 25 years after the commission of the crime.

      (11) Notwithstanding subsection (10) of this section, if a prosecution for a felony listed in subsection (10) of this section would otherwise be barred by subsection (2) or (3) of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant.

      (12)(a) Notwithstanding subsection (2) of this section, if a prosecuting attorney obtains corroborating evidence of the crimes of rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree, after the period described in subsection (2) of this section, the prosecution may be commenced at any time after the commission of the crime.

      (b) The corroborating evidence described in paragraph (a) of this subsection must consist of one of the following:

      (A) Physical evidence other than a DNA sample, including but not limited to audio, video or other electronic recordings, text messages, guest book logs, telephone recordings and photographs.

      (B) A confession, made by the defendant, to the crime the victim reported.

      (C) An oral statement, made by the victim to another person in temporal proximity to the commission of the crime, corroborating the victim’s report of the crime to a law enforcement agency.

      (D) A written statement, created by the victim in temporal proximity to the commission of the crime and subsequently delivered to another person or to a law enforcement agency, corroborating the victim’s report of the crime to a law enforcement agency.

      (E) A report made by a different victim to a law enforcement agency, made either before or after the victim’s report, alleging that the defendant committed another crime of the same or similar character such that the two crimes could be charged in the same charging instrument under ORS 132.560.

      (13)(a) A prosecuting attorney commencing a prosecution pursuant to subsection (12) of this section shall present any evidence reasonably tending to negate the guilt of the defendant to the grand jury considering the indictment for the offense.

      (b) The failure to present evidence reasonably tending to negate guilt as required by paragraph (a) of this subsection does not affect the validity of an indictment or prosecution. [1973 c.836 §6; 1989 c.831 §1; 1991 c.386 §5; 1991 c.388 §1; 1991 c.830 §5; 1995 c.768 §8; 1997 c.427 §1; 1997 c.697 §3; 1997 c.850 §5; 2001 c.375 §1; 2005 c.252 §1; 2005 c.839 §1; 2007 c.840 §1; 2007 c.869 §6; 2009 c.585 §1; 2011 c.666 §2; 2011 c.681 §3; 2012 c.70 §2; 2015 c.417 §1; 2015 c.645 §5; 2016 c.47 §5; 2016 c.120 §1]

 

      Note: Section 3, chapter 417, Oregon Laws 2015, provides:

      Sec. 3. The amendments to ORS 131.125 by section 1 of this 2015 Act apply to offenses committed before, on or after the effective date of this 2015 Act [January 1, 2016] but do not operate to revive a prosecution barred by the operation of ORS 131.125 before the effective date of this 2015 Act. [2015 c.417 §3]

 

      Note: Section 2, chapter 120, Oregon Laws 2016, provides:

      Sec. 2. The amendments to ORS 131.125 by section 1 of this 2016 Act apply to offenses committed before, on or after the effective date of this 2016 Act [January 1, 2017] but do not operate to revive a prosecution barred by the operation of ORS 131.125 before the effective date of this 2016 Act. [2016 c.120 §2]

 

      131.130 [Repealed by 1973 c.836 §358]

 

      131.135 When prosecution commenced. A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay. [1973 c.836 §7]

 

      131.145 When time starts to run; tolling of statute. (1) For the purposes of ORS 131.125, time starts to run on the day after the offense is committed.

      (2) Except as provided in ORS 131.155, the period of limitation does not run during:

      (a) Any time when the accused is not an inhabitant of or usually resident within this state; or

      (b) Any time when the accused hides within the state so as to prevent process being served upon the accused.

      (3) If, when the offense is committed, the accused is out of the state, the action may be commenced within the time provided in ORS 131.125 after the coming of the accused into the state. [1973 c.836 §8; 1987 c.158 §19]

 

      131.155 Tolling of statute; three-year maximum. Notwithstanding ORS 131.145, in no case shall the period of limitation otherwise applicable be extended by more than three years. [1973 c.836 §9]

 

JURISDICTION

 

      131.205 Definition for ORS 131.205 to 131.235. As used in ORS 131.205 to 131.235, “this state” means the land and water and the airspace above the land and water with respect to which the State of Oregon has legislative jurisdiction. [1973 c.836 §13]

 

      131.210 [Repealed by 1973 c.836 §358]

 

      131.215 Jurisdiction. Except as otherwise provided in ORS 131.205 to 131.235, a person is subject to prosecution under the laws of this state for an offense that the person commits by the conduct of the person or the conduct of another for which the person is criminally liable if:

      (1) Either the conduct that is an element of the offense or the result that is an element occurs within this state; or

      (2) Conduct occurring outside this state is sufficient under the law of this state to constitute an attempt to commit an offense within this state; or

      (3) Conduct occurring outside this state is sufficient under the law of this state to constitute a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state; or

      (4) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit an offense in another jurisdiction which also is an offense under the law of this state; or

      (5) The offense consists of the omission to perform a legal duty imposed by the law of this state with respect to domicile, residence or a relationship to a person, thing or transaction in this state; or

      (6) The offense violates a statute of this state that expressly prohibits conduct outside this state affecting a legislatively protected interest of or within this state and the actor has reason to know that the conduct of the actor is likely to affect that interest. [1973 c.836 §10]

 

      131.220 [Repealed by 1973 c.836 §358]

 

      131.225 Exceptions. (1) Unless in the statute defining the offense a legislative intent clearly appears to declare the conduct criminal, regardless of the place of the result, ORS 131.215 (1) does not apply if:

      (a) Either causing a specified result or an intent to cause or danger of causing that result is an element of an offense; and

      (b) The result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense.

      (2) ORS 131.215 (1) does not apply if causing a particular result is an element of an offense and the result is caused by conduct occurring outside this state that would not constitute an offense if the result had occurred there, unless the actor intentionally or knowingly caused the result within this state. [1973 c.836 §11]

 

      131.230 [Repealed by 1973 c.836 §358]

 

      131.235 Criminal homicide. (1) If the offense committed is criminal homicide, either the death of the victim or the conduct causing death constitutes a “result” within the meaning of ORS 131.215 (1).

      (2) If the body, or a part thereof, of a criminal homicide victim is found within this state, it shall be prima facie evidence that the result occurred within this state. [1973 c.836 §12]

 

      131.240 [Repealed by 1973 c.836 §358]

 

      131.250 [1971 c.743 §291; repealed by 1973 c.836 §358]

 

VENUE

 

      131.305 Place of trial. (1) Except as otherwise provided in ORS 131.305 to 131.415, criminal actions shall be commenced and tried in the county in which the conduct that constitutes the offense or a result that is an element of the offense occurred.

      (2) All objections of improper place of trial are waived by a defendant unless the defendant objects in the manner set forth in ORS 131.335 to 131.363. [1973 c.836 §14]

 

      131.310 [Repealed by 1973 c.836 §358]

 

      131.315 Special provisions. (1) If conduct constituting elements of an offense or results constituting elements of an offense occur in two or more counties, trial of the offense may be held in any of the counties concerned.

      (2) If a cause of death is inflicted on a person in one county and the person dies therefrom in another county, trial of the offense may be held in either county.

      (3) If the commission of an offense commenced outside this state is consummated within this state, trial of the offense shall be held in the county in which the offense is consummated or the interest protected by the criminal statute in question is impaired.

      (4) If an offense is committed on any body of water located in, or adjacent to, two or more counties or forming the boundary between two or more counties, trial of the offense may be held in any nearby county bordering on the body of water.

      (5) If an offense is committed in or upon any railroad car, vehicle, aircraft, boat or other conveyance in transit and it cannot readily be determined in which county the offense was committed, trial of the offense may be held in any county through or over which the conveyance passed.

      (6) If an offense is committed on the boundary of two or more counties or within one mile thereof, trial of the offense may be held in any of the counties concerned.

      (7) A person who commits theft, burglary or robbery may be tried in any county in which the person exerts control over the property that is the subject of the crime.

      (8) If the offense is an attempt or solicitation to commit a crime, trial of the offense may be held in any county in which any act that is an element of the offense is committed.

      (9) If the offense is criminal conspiracy, trial of the offense may be held in any county in which any act or agreement that is an element of the offense occurs.

      (10) A person who in one county commits an inchoate offense that results in the commission of an offense by another person in another county, or who commits the crime of hindering prosecution of the principal offense, may be tried in either county.

      (11) A criminal nonsupport action may be tried in any county in which the dependent child is found, irrespective of the domicile of the parent, guardian or other person lawfully charged with support of the child.

      (12) If the offense is theft, forgery or identity theft and the offense consists of an aggregate transaction involving more than one county, trial of the offense may be held in any county in which one of the acts of theft, forgery or identity theft was committed.

      (13) When a prosecution is for violation of the Oregon Securities Law, the trial of the offense may be held in the county in which:

      (a) The offer to purchase or sell securities took place or where the sale or purchase of securities took place; or

      (b) Any act that is an element of the offense occurred.

      (14) When a prosecution under ORS 165.692 and 165.990 or 411.675 and 411.990 (2) and (3) involves Medicaid funds, the trial of the offense may be held in the county in which the claim was submitted for payment or in the county in which the claim was paid.

      (15)(a) If the offense is stalking under ORS 163.732 and involves contacts as defined in ORS 163.730 in more than one county, trial of the offense may be held in any county in which a contact occurred.

      (b) If the offense is violating a court’s stalking protective order under ORS 163.750, trial of the offense may be held in the county in which the defendant engaged in conduct prohibited by the order or in the county in which the order was issued. [1973 c.836 §15; 1987 c.603 §26; 1989 c.384 §1; 1993 c.680 §28; 1995 c.496 §7; 2007 c.584 §3; 2009 c.212 §1]

 

      131.320 [Repealed by 1973 c.836 §358]

 

      131.325 Place of trial; doubt as to place of crime; conduct outside of state. If an offense is committed within the state and it cannot readily be determined within which county the commission took place, or a statute that governs conduct outside the state is violated, trial may be held in the county in which the defendant resides, or if the defendant has no fixed residence in this state, in the county in which the defendant is apprehended or to which the defendant is extradited. [1973 c.836 §16]

 

      131.330 [Repealed by 1973 c.836 §358]

 

      131.335 Change of venue. In accordance with ORS 131.345 to 131.415, the defendant in a criminal action may have the place of trial changed only once, except for causes arising after the first change was allowed. [1973 c.836 §17]

 

      131.340 [Repealed by 1973 c.836 §358]

 

      131.345 Motion for change of venue; when made. A motion for change of venue may be made in any criminal action in a circuit court when the case is at issue upon a question of fact. [1973 c.836 §18]

 

      131.350 [Amended by 1971 c.743 §316; repealed by 1973 c.836 §358]

 

      131.355 Change of venue for prejudice. The court, upon motion of the defendant, shall order the place of trial to be changed to another county if the court is satisfied that there exists in the county where the action is commenced so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial. [1973 c.836 §19]

 

      131.360 [Amended by 1973 c.743 §317; repealed by 1973 c.836 §358]

 

      131.363 Change of venue in other cases. For the convenience of parties and witnesses, and in the interest of justice, the court, upon motion of the defendant, may order the place of trial to be changed to another county. [1973 c.836 §20]

 

      131.365 [1959 c.664 §5; repealed by 1973 c.836 §358]

 

      131.370 [Repealed by 1973 c.836 §358]

 

      131.375 Notification on change of venue. When the court has ordered a change of venue, the clerk shall notify the clerk of the proper court. [1973 c.836 §21; 2017 c.252 §13]

 

      131.380 [Repealed by 1973 c.836 §358]

 

      131.385 When change of venue is complete. The change of the place of trial is complete upon entry of an order changing the place of trial, and thereafter the action shall proceed in the same manner as if it had been commenced in the court to which the trial is transferred. [1973 c.836 §22; 2017 c.252 §14]

 

      131.390 [Amended by 1971 c.746 §318; repealed by 1973 c.836 §358]

 

      131.395 Expenses of change; taxation as costs. (1) The expenses of the change of place of trial under ORS 131.363 shall be taxed, as allowed by law, as expenses of the action, and the costs and expenses of the action shall be taxed in the court and paid by the county wherein the trial is held. If the costs and expenses are not recovered from the defendant, the county in which the action was commenced shall repay the county in which the trial is held.

      (2) The expenses of a change of place of trial under ORS 131.355 shall not be taxed against the defendant. [1973 c.836 §23]

 

      131.400 [Repealed by 1973 c.836 §358]

 

      131.405 Attendance of defendant at new place of trial. (1) When the court has ordered a change of place of trial, if the defendant has been released on security release, conditional release or recognizance, the defendant must, without further notice, appear at the time and place appointed for trial and not depart therefrom without permission of the court.

      (2) A security deposit is sufficient therefor in all respects as if the action had proceeded to final determination in the court where it was commenced. [1973 c.836 §24]

 

      131.410 [Repealed by 1973 c.836 §358]

 

      131.415 Conveyance of defendant in custody after change of venue. When the court has ordered a change of place of trial, if the defendant is in custody, the clerk of the court shall issue an order to the sheriff of the county, directing the sheriff to safely convey the defendant and deliver the defendant to the custody of the executive head of the correctional institution of the county where the defendant is to be tried. [1973 c.836 §25]

 

      131.420 [Amended by 1961 c.442 §1; repealed by 1973 c.836 §358]

 

      131.430 [Repealed by 1973 c.836 §358]

 

      131.440 [Repealed by 1973 c.836 §358]

 

      131.450 [Repealed by 1973 c.836 §358]

 

      131.460 [Repealed by 1973 c.836 §358]

 

      131.470 [Repealed by 1973 c.836 §358]

 

FORMER JEOPARDY

 

      131.505 Definitions for ORS 131.505 to 131.525. As used in ORS 131.505 to 131.525, unless the context requires otherwise:

      (1) “Conduct” and “offense” have the meaning provided for those terms in ORS 161.085 and 161.505.

      (2) When the same conduct or criminal episode violates two or more statutory provisions, each such violation constitutes a separate and distinct offense.

      (3) When the same conduct or criminal episode, though violating only one statutory provision, results in death, injury, loss or other consequences of two or more victims, and the result is an element of the offense defined, there are as many offenses as there are victims.

      (4) “Criminal episode” means continuous and uninterrupted conduct that establishes at least one offense and is so joined in time, place and circumstances that such conduct is directed to the accomplishment of a single criminal objective.

      (5) A person is “prosecuted for an offense” when the person is charged therewith by an accusatory instrument filed in any court of this state or in any court of any political subdivision of this state, and when the action either:

      (a) Terminates in a conviction upon a plea of guilty, except as provided in ORS 131.525 (2);

      (b) Proceeds to the trial stage and the jury is impaneled and sworn; or

      (c) Proceeds to the trial stage when a judge is the trier of fact and the first witness is sworn.

      (6) There is an “acquittal” if the prosecution results in a finding of not guilty by the trier of fact or in a determination that there is insufficient evidence to warrant a conviction. [1973 c.836 §26; 1983 c.509 §1; 2001 c.104 §42]

 

      131.515 Previous prosecution; when a bar to second prosecution. Except as provided in ORS 131.525 and 131.535:

      (1) No person shall be prosecuted twice for the same offense.

      (2) No person shall be separately prosecuted for two or more offenses based upon the same criminal episode, if the several offenses are reasonably known to the appropriate prosecutor at the time of commencement of the first prosecution and establish proper venue in a single court.

      (3) If a person is prosecuted for an offense consisting of different degrees, the conviction or acquittal resulting therefrom is a bar to a later prosecution for the same offense, for any inferior degree of the offense, for an attempt to commit the offense or for an offense necessarily included therein.

      (4) A finding of guilty of a lesser included offense on any count is an acquittal of the greater inclusive offense only as to that count. [1973 c.836 §27; 1997 c.511 §3]

 

      131.525 Previous prosecution; when not a bar to subsequent prosecution. (1) A previous prosecution is not a bar to a subsequent prosecution when the previous prosecution was properly terminated under any of the following circumstances:

      (a) The defendant consents to the termination or waives, by motion, by an appeal upon judgment of conviction, or otherwise, the right to object to termination.

      (b) The trial court finds that a termination, other than by judgment of acquittal, is necessary because:

      (A) It is physically impossible to proceed with the trial in conformity with law; or

      (B) There is a legal defect in the proceeding that would make any judgment entered upon a verdict reversible as a matter of law; or

      (C) Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the state; or

      (D) The jury is unable to agree upon a verdict; or

      (E) False statements of a juror on voir dire prevent a fair trial.

      (c) When the former prosecution occurred in a court which lacked jurisdiction over the defendant or the offense.

      (d) When the subsequent prosecution was for an offense which was not consummated when the former prosecution began.

      (2) A plea of guilty or resulting judgment is not a bar under ORS 131.515 (2) to a subsequent prosecution under an accusatory instrument which is filed no later than 30 days after entry of the guilty plea. The defendant’s prior plea of guilty or resulting judgment, notwithstanding ORS 135.365, shall be vacated upon motion by the defendant if made within 30 days after defendant’s arraignment for the subsequent prosecution. The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings. [1973 c.836 §28; 1983 c.509 §2]

 

      131.535 Proceedings not constituting acquittal. The following proceedings will not constitute an acquittal of the same offense:

      (1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or

      (2) If the accusatory instrument was:

      (a) Dismissed upon a demurrer to its form or substance;

      (b) Dismissed upon any pretrial motion; or

      (c) Discharged for want of prosecution without a judgment of acquittal. [1973 c.836 §29; 2001 c.104 §43]

 

CRIMINAL FORFEITURE

 

      131.550 Definitions for ORS 131.550 to 131.600. As used in ORS 131.550 to 131.600:

      (1) “Acquiesce in prohibited conduct” means that a person knew of the prohibited conduct and knowingly failed to take reasonable action under the circumstances to terminate or avoid the use of the property in the course of prohibited conduct. For purposes of this subsection, “reasonable action under the circumstances” includes, but is not limited to:

      (a) Reporting the prohibited conduct to a law enforcement agency;

      (b) Commencing action that will assert the rights of the affiant as to the property interest;

      (c) Terminating a rental agreement; or

      (d) Seeking an abatement order under the provisions of ORS 105.505 to 105.520 or 105.550 to 105.600 or under any ordinance or regulation allowing abatement of nuisances.

      (2) “All persons known to have an interest” means:

      (a) Any person who has, prior to the time the property is seized for criminal forfeiture, filed notice of interest with any public office as may be required or permitted by law to be filed with respect to the property that has been seized for criminal forfeiture;

      (b) Any person from whose custody the property was seized; or

      (c) Any person who has an interest in the property, 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.

      (3) “Attorney fees” has the meaning given that term in ORCP 68 A.

      (4) “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 Association;

      (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 this 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 municipality in this state, 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 representative as defined in ORS 59.015.

      (5) “Forfeiture counsel” means an attorney designated to represent a seizing agency in criminal forfeiture actions or proceedings.

      (6) “Instrumentality” means property that is used or intended for use in prohibited conduct or that facilitates prohibited conduct.

      (7) “Law enforcement agency” means any agency that employs police officers or prosecutes criminal cases.

      (8) “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.

      (9) “Official law enforcement use” means a use that may reasonably be expected to result in the identification, apprehension or conviction of criminal offenders.

      (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, maintained by or realized through an act or omission that constitutes prohibited conduct, and includes any benefit, interest or property of any kind without reduction for expenses of acquiring or maintaining it or incurred for any other reason.

      (12) “Prohibited conduct” means:

      (a) For purposes of proceeds, a felony or a Class A misdemeanor.

      (b) For purposes of instrumentalities, any crime listed in ORS 131.602.

      (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) “Seizing agency” means a law enforcement agency that has seized property for criminal forfeiture.

      (15) “Weapon” means any instrument of offensive or defensive combat or anything used, or designed to be used, to destroy, defeat or injure a person. [2005 c.830 §1; 2007 c.71 §30; 2009 c.874 §5]

 

      131.553 Legislative findings; effect on local laws; remedy not exclusive. (1) The Legislative Assembly finds that:

      (a) Prohibited conduct is undertaken in the course of activities that result in, and are facilitated by, the acquisition, possession or transfer of property subject to criminal forfeiture under ORS 131.550 to 131.600;

      (b) Transactions involving property subject to criminal forfeiture under ORS 131.550 to 131.600 escape taxation;

      (c) Perpetrators of crimes should not be allowed to keep the proceeds and instrumentalities of their crimes;

      (d) Governments attempting to respond to prohibited conduct require additional resources to meet their needs; and

      (e) There is a need to provide for the forfeiture of certain property subject to criminal forfeiture under ORS 131.550 to 131.600, to provide for the protection of the rights and interests of affected persons and to provide for uniformity throughout this state with respect to the laws of this state that pertain to the criminal forfeiture of real and personal property based upon prohibited conduct.

      (2) ORS 131.550 to 131.600 do not impair the right of any city or county to enact ordinances providing for the criminal forfeiture of property based upon prohibited conduct if:

      (a) The property was used to commit the conduct described in the ordinances, or constitutes proceeds of the conduct; and

      (b) The criminal forfeiture is subject to procedures and limitations set forth in ORS 131.550 to 131.600.

      (3) Nothing in ORS 131.550 to 131.600 may be construed to limit or impair any right or remedy that any person or entity may have under ORS 166.715 to 166.735. Criminal forfeiture is a remedy separate and apart from any other criminal penalty and from civil forfeiture or any other civil penalty. [2005 c.830 §2]

 

      131.556 Right, title and interest in forfeited property vests in seizing agency. Subject to ORS 131.550 to 131.600, all right, title and interest in property forfeited under ORS 131.550 to 131.600 vest in the seizing agency upon commission of the prohibited conduct. [2005 c.830 §3]

 

      131.558 Property subject to forfeiture. The following are subject to criminal forfeiture:

      (1) All controlled substances that have been manufactured, distributed, dispensed, possessed or acquired in the course of prohibited conduct;

      (2) All raw materials, products and equipment of any kind that are used, or intended for use, in providing, manufacturing, compounding, processing, delivering, importing or exporting any service or substance in the course of prohibited conduct;

      (3) All property that is used, or intended for use, as a container for property described in subsection (1) or (2) of this section;

      (4) All conveyances, including aircraft, vehicles and vessels, that are used, or are intended for use, to transport or facilitate the transportation, sale, receipt, possession or concealment of property described in subsection (1) or (2) of this section, and all conveyances, including aircraft, vehicles and vessels, that are used or intended for use in prohibited conduct or to facilitate prohibited conduct, except that:

      (a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to criminal forfeiture under the provisions of this section unless the owner or other person in charge of such conveyance was a consenting party or knew of and acquiesced in the prohibited conduct; and

      (b) No conveyance is subject to criminal forfeiture under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state;

      (5) All books, records, computers and research, including formulae, microfilm, tapes and data that are used or intended for use to facilitate prohibited conduct;

      (6) All moneys, negotiable instruments, balances in deposit or other accounts, securities or other things of value furnished or intended to be furnished by any person in the course of prohibited conduct, all proceeds of or from prohibited conduct, and all moneys, negotiable instruments, balances in deposit and other accounts and securities used or intended to be used to facilitate any prohibited conduct;

      (7) All real property, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used to commit or facilitate the commission of prohibited conduct;

      (8) All weapons possessed, used or available for use to facilitate conduct giving rise to criminal forfeiture;

      (9) All property described in this section that is intended for use in committing or facilitating an attempt to commit a crime as described in ORS 161.405, a solicitation as described in ORS 161.435 or a conspiracy as described in ORS 161.450; and

      (10) All personal property that is used or intended to be used to commit or facilitate prohibited conduct. [2005 c.830 §4]

 

      131.561 Seizure of property subject to forfeiture. (1) A person who delivers property in obedience to an order or direction to deliver the property under this section is not liable:

      (a) To any person on account of obedience to the order or direction; or

      (b) For any costs incurred on account of any contamination of the delivered property. This includes, but is not limited to, any disposal costs for any property forfeited under ORS 131.558, any hazardous waste or material, any contraband or any other contamination contained in property seized under this section.

      (2) In addition to seizures authorized by ORS 133.535, a police officer may seize property without a court order if the police officer has probable cause to believe that the property is subject to criminal forfeiture.

      (3) Except as provided in ORS 131.564, with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the person having control or custody of the property shall deliver the same over to the police officer.

      (4)(a) A police officer may seize property pursuant to an order of the court. Forfeiture counsel or a seizing agency may apply for an ex parte order directing seizure of specified property.

      (b) Application may be made to any judge as defined in ORS 133.525. The application must be supported by one or more affidavits setting forth the facts and circumstances tending to show where the objects of the seizure are to be found. The court shall issue the order upon a finding of probable cause to believe that the described property is subject to criminal forfeiture. The order may be set out on the face of a search warrant.

      (c) Except as provided in ORS 131.564, with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the order shall direct any person having control or custody of the property to deliver the same over to the seizing agency or to the court to abide judgment.

      (5) Property may be constructively seized by posting notice of seizure for criminal forfeiture on it or by filing notice of seizure for criminal forfeiture or notice of pending criminal forfeiture in the public records that impart constructive notice of matters relating to such property. A notice that is filed must include a description of the property that is the subject of the seizure. Real property, including interests arising out of land sale contracts, may be seized only upon recording a notice of seizure containing a legal description of the property in the mortgage records of the county in which the real property is located.

      (6) Promptly upon seizure, the officer who seized the property shall make an inventory of the property seized and shall deliver a receipt embodying the inventory to the person from whose possession the property is taken or to the person in apparent control of the property at the time it is seized. If the property is unoccupied or there is no one present in apparent control, the officer shall leave the receipt suitably affixed to the property. If the property is physically removed from the location of seizure and it is unoccupied or there is no one present in apparent control, then the officer shall promptly file the receipt in the public records of the seizing agency. Every receipt prepared under this subsection shall contain, in addition to an inventory of the property seized, the following information:

      (a) The identity of the seizing agency; and

      (b) The address and telephone number of the office or other place where the person may obtain further information concerning the criminal forfeiture.

      (7) In the event that property is seized from the possession of a person who asserts a possessory lien over such property pursuant to applicable law, notwithstanding any other provision of law, any lien of the person from whom the property was seized remains in effect and is enforceable as fully as though the person had retained possession of the property. [2005 c.830 §5]

 

      131.564 Status of seized property; release; maintenance and use. (1)(a) Except as otherwise provided in ORS 131.550 to 131.600, property seized for criminal forfeiture is not subject to replevin, conveyance, sequestration or attachment. The seizure of property or the commencement of a criminal forfeiture proceeding under ORS 131.550 to 131.600 does not abate, impede or in any way delay the initiation or prosecution of a suit or action by a financial institution for the possession of seized property in which the financial institution has or purports to have a lien or security interest or for the foreclosure of such lien or security interest. A financial institution may proceed with any suit or action involving property in which it has a lien or security interest even though a seizure has occurred and criminal forfeiture proceedings have been or will be commenced. If property that may be subject to criminal forfeiture is sold prior to the conclusion of the forfeiture proceedings, the sheriff, trustee or other person who is conducting the sale and who has actual notice of the forfeiture proceedings shall distribute the sale proceeds as follows:

      (A) To the expenses of the sale;

      (B) If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment;

      (C) To the payment of the obligations owed to the foreclosing financial institution that are secured by the property and to any other person whose lien or security interest in the property has been foreclosed in the suit or action in the order determined by the court; and

      (D) The surplus, if any, shall be distributed to the seizing agency, or to the court in which the forfeiture proceedings are pending.

      (b) The sheriff, trustee or other person who distributes the sale proceeds as provided in this subsection is not liable to any person who has or asserts an interest in the property.

      (2) Within 30 days following seizure of property for criminal forfeiture, the seizing agency, in consultation with the district attorney of the county in which the property was seized for forfeiture, shall determine whether it will seek the forfeiture of the property. If the seizing agency elects not to seek forfeiture, it shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens arising under ORS 87.152 to 87.162 that have attached to the property since its seizure and release the property. The property may be released to a person other than the person from whose custody or control the property was taken if the seizing agency or forfeiture counsel first mails to the last-known addresses of all persons known to have an interest in the property a notice of intent to release the property. The notice must specify the person to whom the property is to be released and must detail the time and place of the release. An agency that complies with the provisions of this subsection by paying costs and expenses of towing and storage, discharging possessory liens, mailing any required notices and releasing the property is not liable for its actions under this subsection or for any consequences thereof. If the property is a motor vehicle with a hidden compartment, the seizing agency is not liable for any diminution in the value of the property as a result of disabling the compartment.

      (3) A seizing agency shall, pending criminal forfeiture and final disposition and subject to the need to retain the property in any criminal proceeding, provide that property in the physical custody of the seizing agency be serviced or maintained as may be reasonably appropriate to preserve the value of the property.

      (4) A seizing agency may, pending criminal forfeiture and final disposition and subject to the need to retain seized property in any criminal proceeding:

      (a) Provide that the seized property be transferred for criminal forfeiture to any city, county, state or federal agency with criminal forfeiture authority, provided that no such transfer may have the effect of diminishing or reducing the rights of any third party under ORS 131.550 to 131.600.

      (b) Apply to the court for an order providing that the seized property may be sold, leased, rented or operated in the manner and on the terms that may be specified in the court’s order. The court shall deny any application unless the sale, lease, rental or operation of the property will be conducted in a commercially reasonable manner and will not result in a material reduction of the property’s value. The court may enter an order only:

      (A) After notice and opportunity to be heard is provided to all persons known to have or to claim an interest in the property; and

      (B) With the consent of all persons holding security interests of record in the property.

      (c) Provide that the seized property be removed to a storage area for safekeeping.

      (5) Unless otherwise ordered by the court, the seizing agency shall hold the proceeds of the sale, leasing, renting or operation under subsection (4) of this section and the rights of holders of security interests of record in the property attach to the proceeds of the sale, leasing, renting or operation in the same order of priority as interests attached to the property.

      (6)(a) Except as provided in paragraph (b) of this subsection and except for currency with apparent or known intrinsic collector value, all cash seized for criminal forfeiture, together with all cash received from the sale, leasing, renting or operation of the property, must be immediately deposited in an insured interest-bearing forfeiture trust account or accounts maintained by the seizing agency exclusively for this purpose. Cash may be retained as evidence in a criminal proceeding but must be deposited immediately when the need to retain it as evidence is discharged.

      (b) Notwithstanding paragraph (a) of this subsection, all cash seized for criminal forfeiture that at the time of seizure is deposited in any form of account in a financial institution may remain in the account in the financial institution. From the time of seizure until the criminal forfeiture proceeding is abandoned, or until a court ultimately enters a judgment granting or denying criminal forfeiture or enters a judgment of dismissal, all deposits except the deposit of interest by the financial institution, withdrawals or other transactions involving the account are prohibited, unless approved by the court.

      (c) Subject to any court order, interest earned upon cash deposited in a forfeiture trust account or held in an account in a financial institution under this subsection must be disbursed as follows:

      (A) If the criminal forfeiture proceeding is abandoned, or if the court ultimately enters a judgment denying criminal forfeiture or a judgment of dismissal, the seizing agency shall pay any interest earned, together with the cash deposited in the forfeiture trust account in connection with the seizure in question, to the person from whom it was seized, and the seizing agency shall release any interest earned, together with the cash deposited in an account in a financial institution, to the person from whom it was seized.

      (B) If a judgment of criminal forfeiture is entered, but parties other than the seizing agency establish rights to portions of the amount that are in the aggregate larger than or equal to the cash on deposit plus interest earned thereon, the seizing agency shall disburse the interest, together with the cash on deposit, to the parties in the order of their priority.

      (C) If a judgment of criminal forfeiture is entered and the total amount arising out of the seizure that is on deposit in the forfeiture trust account or in an account in a financial institution, including interest earned on moneys deposited, is greater than the aggregate amount needed to satisfy the established interests of security interest holders, lienholders and other claimants, the seizing agency shall retain the balance remaining after payment by the seizing agency to parties.

      (7) If the property seized for criminal forfeiture consists of stocks, bonds, promissory notes or other security or evidence of indebtedness, and the property is held in some form of account in a financial institution, the property may remain in the account pending a final decision in the criminal forfeiture proceedings. Unless otherwise allowed by order of the court, no transactions involving the account may be permitted other than the deposit or reinvestment of dividends or other normally recurring payments on the property. Any accrual to the value of the property during the pendency of criminal forfeiture proceedings must be disbursed in the manner provided for the disbursement of interest under subsection (6) of this section.

      (8) When property has been seized for criminal forfeiture or a notice of criminal forfeiture has been filed, an owner of or interest holder in the property may file a motion seeking an order to show cause. The motion must be filed no later than 15 days after the owner or interest holder received notice or actual knowledge of the seizure, whichever is earlier. At the time a person files a motion under this subsection, the person must serve a copy of the motion on the forfeiture counsel and the defendant, if any. When a motion is filed under this subsection, the court shall issue an order to show cause to the seizing agency for a hearing on the sole issue of whether probable cause for criminal forfeiture of the property exists. If the court finds that there is no probable cause for criminal forfeiture of the property, the property seized for criminal forfeiture or subjected to the notice of criminal forfeiture must be released pending the outcome of a judicial proceeding under ORS 131.582. As used in this subsection, “owner” or “interest holder” does not include the defendant. [2005 c.830 §6; 2009 c.874 §4]

 

      131.566 Motor vehicle with hidden compartment. (1) When a seizing agency lawfully seizes a motor vehicle with a hidden compartment, the agency shall disable the hidden compartment, unless the motor vehicle is forfeited and the agency:

      (a) Retains the motor vehicle for law enforcement purposes; or

      (b) Determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle.

      (2) Notwithstanding ORS 131.594 or 131.597, if the motor vehicle with a hidden compartment is forfeited and the seizing agency:

      (a) Retains the motor vehicle for law enforcement purposes, the agency shall deduct the cost of disabling the hidden compartment from the value of the motor vehicle before making the distribution described in ORS 131.594 or 131.597.

      (b) Does not retain the motor vehicle for law enforcement purposes and determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle, the agency shall sell the motor vehicle for scrap or salvage and distribute the proceeds of the sale according to ORS 131.594 or 131.597. The seizing agency shall ensure that the person to whom the motor vehicle is sold disables the hidden compartment or the motor vehicle.

      (3) If a motor vehicle with a hidden compartment is forfeited and the seizing agency sells the motor vehicle, the agency shall deduct the cost of disabling the hidden compartment from the proceeds of the sale under ORS 131.594 (1)(a) or 131.597 (1)(a). [2009 c.874 §2]

 

      131.567 Recorded notice of intent to forfeit real property; form. (1) Whenever a seizing agency intends to forfeit any real property under ORS 131.550 to 131.600, the seizing agency may have recorded by the county clerk or other recorder of deeds of every county in which any part of the premises or real property lies a notice of intent to forfeit real property under ORS 205.246. The notice must contain the legal description of the real property, the common address of the property, if any, and the name of the forfeiture counsel. From the time of recording the notice, and from that time only, the intent to forfeit is notice to purchasers and holders of encumbrances of the rights and equities in the premises of the party filing the notice. The notice must be recorded in the same book and in the same manner in which mortgages are recorded and may be discharged in like manner as mortgages are discharged, either by such party or the attorney signing the notice.

      (2) Unless otherwise prescribed by law, a seizing agency recording a notice of intent to forfeit shall use substantially the following form:

______________________________________________________________________________

NOTICE OF INTENT

TO FORFEIT

 

Pursuant to ORS 131.567, the undersigned states:

      That I, _______________do declare that it is my intent to initiate criminal forfeiture proceedings on the following described real property:

 

      1. The description of the real property to be affected is:

      ________________________

      ________________________

      ________________________

      ________________________

      ________________________

 

      2. The common address of the property, if any, is:

      ________________________

      ________________________

      ________________________

 

Dated this ___ day of________,___.

This notice of intent to file forfeiture will expire on the ___ day of________, ___, absent future filings.

Name of agency seeking forfeiture

      ________________________

Name of Forfeiture Counsel

      ________________________

Address

      ________________________

      ________________________

      ________________________

Telephone Number

      ________________________

 

 

State of Oregon           )

      )     ss.

County of_____          )

 

The foregoing instrument was acknowledged before me this ___ day of________,___.

 

 

 

_______________

 

Notary Public for Oregon

 

My commission expires________.

 

______________________________________________________________________________

      (3) The notice of intent to forfeit property expires 30 days after the date of filing absent future filings to perfect. [2005 c.830 §7]

 

      131.570 Notice of seizure for forfeiture; service on persons other than defendant; publication of notice. (1) 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. 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. 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 notice of seizure for criminal forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to D(6)(d). In all other cases, the seizing agency shall publish notice of seizure for criminal forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to D(6)(d). The seizing agency shall provide a copy of the notice, inventory 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 criminal forfeiture as the agency considers convenient. The publication may contain a single statement of matters from the notices of 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 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. [2005 c.830 §8]

 

      131.573 Petition for expedited hearing. (1) A person, other than the defendant, claiming an interest in property seized under ORS 131.550 to 131.600 may file a petition for an expedited hearing within 15 days after notice of seizure for criminal forfeiture or within such further time as the court may allow for good cause shown.

      (2) A petition for an expedited hearing must contain a claim if no claim has previously been filed. The petition must reflect whether the petitioner seeks one or more of the following:

      (a) A determination at the hearing that the petitioner is a bona fide purchaser for value and did not acquiesce in the prohibited conduct.

      (b) An order restoring custody of seized property to the petitioner during the pendency of the proceedings if the court finds, by a preponderance of the evidence, that it is probable that the property will remain available for forfeiture at the completion of the proceedings and that there is a reasonable possibility that the petitioner will ultimately prevail in the proceeding.

      (c) Appointment of a receiver.

      (3) A person filing a petition under this section shall serve a copy of the petition on all persons known to have an interest. Service must be accomplished as provided in ORCP 7 D. Service by publication is not required prior to an expedited hearing.

      (4) The court shall hold a hearing within 15 days after service of all persons known to have an interest or at such later time as the court may allow for good cause shown. The hearing is limited to:

      (a) Deciding whether the petitioner can prove that the petitioner is a bona fide purchaser for value and did not acquiesce in the prohibited conduct;

      (b) Determining whether an order should be entered directing the return of the seized property to the claimant during the pendency of the hearing; and

      (c) Determining whether an order should be entered directing the appointment of a receiver to manage property seized pursuant to ORS 131.550 to 131.600 pending a final determination as to the disposition of the property, if the petitioner or the seizing agency requests that order.

      (5) The parties to a proceeding under ORS 131.582 may at any time stipulate to the entry of an order restoring custody of seized property to a petitioner who claims an interest in the property. The order must comply with the requirements of ORS 131.576 (1). [2005 c.830 §9]

 

      131.576 Order restoring custody of property after expedited hearing. (1) An order restoring custody to a petitioner under ORS 131.573 shall:

      (a) Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct;

      (b) Require the petitioner to service and maintain the property as may be reasonably appropriate to preserve the value of the property; and

      (c) Require the petitioner to inform the court of the exact location of the property at the time of any judicial proceeding under ORS 131.582 and to deliver the property to the seizing agency immediately upon the issuance of a judgment of criminal forfeiture.

      (2) An order restoring custody to a petitioner under ORS 131.573 may include such other requirements as the court finds appropriate pending a final determination as to the disposition of the property.

      (3) An order restoring custody to a petitioner under ORS 131.573 is enforceable by a contempt proceeding brought on the relation of forfeiture counsel, by a further order directing the petitioner to deliver the property to the custody of the seizing agency, by an order awarding to the seizing agency its reasonably incurred attorney fees, costs and investigative expenses, and by such other remedies or relief as the court finds appropriate. [2005 c.830 §10]

 

      131.579 Affidavit in response to notice of seizure for forfeiture. (1)(a) A financial institution holding an interest in property seized under ORS 131.550 to 131.600 shall respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the financial institution’s interest in the property was acquired:

      (A) In the regular course of business as a financial institution;

      (B) For valuable consideration;

      (C) Without knowledge of the prohibited conduct;

      (D) In good faith and without intent to defeat the interest of any potential seizing agency; and

      (E) With respect to personal property, prior to the seizure of the property, or with respect to real property, recorded prior to the recording of notice of the seizure of the real property in the mortgage records of the county in which the real property is located.

      (b) Failure to file an affidavit constitutes a default. The affidavit must be filed within 30 days from the date of service under ORS 131.570.

      (2) Notwithstanding the provisions of subsection (1) of this section, any person, other than a financial institution, who transfers or conveys an interest in real property pursuant to a contract for transfer or conveyance of an interest in real property as defined in ORS 93.905 and who retains an interest in the real property, or any successor in interest, may respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the person:

      (a) Received the interest in return for valuable consideration or by way of devise or intestate succession;

      (b) Had no knowledge at the time of transfer or conveyance of the prohibited conduct;

      (c) Acted in good faith and without intent to defeat the interest of any potential seizing agency;

      (d) Recorded the interest in the mortgage records of the county in which the real property is located prior to the recording of any notice of intent to seize or notice of seizure; and

      (e) Continued to hold the interest without acquiescing in the prohibited conduct.

      (3) The affidavit permitted by subsection (2) of this section must be filed within 30 days from the date of service under ORS 131.570. Failure to file an affidavit as set forth in subsection (2) of this section constitutes a default.

      (4) In response to an affidavit filed under subsection (2) of this section, the seizing agency may controvert any or all of the assertions made in the affidavit. The affidavit of the seizing agency must be filed with the court within 20 days after the date the affidavit is filed under subsection (2) of this section. The transferor, conveyor or successor in interest may respond, within five days after the filing of the affidavit of the seizing agency, with a supplemental affidavit limited to the matters stated in the affidavit of the seizing agency. If the seizing agency does not file an affidavit within the time allowed, the transferor, conveyor or successor in interest is considered to be a financial institution for all purposes under ORS 131.550 to 131.600.

      (5) If the seizing agency files an affidavit under subsection (4) of this section, the court shall decide the issues raised in the affidavit in a proceeding under ORS 131.582. [2005 c.830 §11]

 

      131.582 Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants. (1) If a district attorney decides to proceed with a criminal forfeiture, the district attorney must present the criminal forfeiture to the grand jury for indictment. The indictment must allege facts sufficient to establish that the property is subject to criminal forfeiture and must comply with ORS 132.510, 132.540, 132.550, 132.557, 132.560 and 132.580.

      (2) If the grand jury returns an indictment for criminal forfeiture, the defendant may admit or deny that the property is subject to criminal forfeiture. If the defendant fails to admit or deny that the property is subject to forfeiture, the court shall enter a denial on behalf of the defendant.

      (3) When the underlying criminal conduct is a Class A misdemeanor, a city or county attorney may prosecute a criminal forfeiture by filing an information in the municipal or justice court.

      (4) A criminal forfeiture proceeding and the underlying criminal case must be tried in the same proceeding.

      (5) The criminal procedure laws of this state apply to criminal forfeiture proceedings.

      (6) The court shall enter a judgment of criminal forfeiture if the forfeiture counsel proves beyond a reasonable doubt that the property for which forfeiture is sought is an instrumentality or the proceeds of the crime of conviction or past prohibited conduct that is similar to the crime of conviction.

      (7) Forfeiture counsel may move the court at any time for an order finding that the defendant is a fugitive and in default. The court may enter an order finding the defendant in default under this subsection and enter a judgment of criminal forfeiture if the court finds that the defendant is not confined or held in custody by another jurisdiction, and that the defendant, after notice or knowledge of the fact that a warrant has been issued for the defendant:

      (a) Purposely left the state to avoid prosecution;

      (b) Declines to return to the state and allow execution of the warrant; or

      (c) Otherwise evades the jurisdiction of the court issuing the warrant.

      (8) No later than 21 days after the entry of a judgment of criminal forfeiture under this section, the forfeiture counsel shall notify by mail all persons who filed claims under ORS 131.570 or affidavits under ORS 131.579 of the judgment of criminal forfeiture. The notice must inform the person of the requirements of subsection (9) of this section.

      (9) If a person who receives notice under subsection (8) of this section wishes to assert the person’s interest in the property but was not eligible to file an affidavit under ORS 131.579, the person must file an affidavit with the trial court, and must serve the forfeiture counsel with a copy of the affidavit, no later than 21 days after the date the notice required by subsection (8) of this section was mailed. The person must allege facts in an affidavit filed under this subsection that if true would prove that the person took the property or the interest that the person holds in the property:

      (a)(A) Before it was seized for criminal forfeiture; and

      (B) In good faith and without intent to defeat the interest of any seizing agency; or

      (b) As a bona fide purchaser for value without acquiescing in the prohibited conduct.

      (10)(a) If an affidavit is timely filed under subsection (9) of this section and the forfeiture counsel:

      (A) Does not contest the affidavit, the forfeiture counsel shall submit a form of judgment to the court for entry under ORS 131.588.

      (B) Does contest the affidavit, the forfeiture counsel shall request a hearing with the trial court no later than 21 days after receiving the affidavit.

      (b) If no affidavit is filed under subsection (9) of this section but the seizing agency filed an affidavit under ORS 131.579 (4), the forfeiture counsel shall request a hearing with the trial court no later than 21 days after the last date for receiving affidavits under subsection (9) of this section.

      (11)(a) A hearing pursuant to subsection (10) of this section is an ancillary proceeding and the Oregon Rules of Civil Procedure apply. At the hearing:

      (A) Forfeiture counsel has the burden of proving by a preponderance of the evidence that the person claiming an interest in the property:

      (i) Took the property with the intent to defeat the interest of a seizing agency; or

      (ii) Is not a bona fide purchaser for value or acquiesced in the prohibited conduct.

      (B) Forfeiture counsel may present evidence and witnesses and cross-examine witnesses who appear at the hearing.

      (C) The person claiming an interest in the property may testify, present evidence and witnesses and cross-examine witnesses who appear at the hearing.

      (b) In addition to testimony and evidence presented at the hearing, the court shall consider relevant portions of the record of the criminal case that resulted in the judgment of criminal forfeiture.

      (c) The court shall amend the judgment of criminal forfeiture in accordance with its determination if, after the hearing, the court determines that the claimant:

      (A) Did take the property before it was seized for criminal forfeiture and in good faith and without intent to defeat the interest of the seizing agency; or

      (B) Is a bona fide purchaser for value of the right, title or interest in the property and did not acquiesce in the prohibited conduct.

      (d) Notwithstanding ORS 19.255 (1), a person may file a notice of appeal within 30 days after entry in the register of an order disposing of the matters at issue in the ancillary proceeding. An appeal under this paragraph is governed by the provisions of ORS chapter 19 relating to appeals in civil actions.

      (12) When a court enters a judgment of criminal forfeiture under this section, the jurisdiction of the court continues for purposes of subsection (11) of this section and the property continues to be subject to the court’s jurisdiction. [2005 c.830 §12]

 

      131.585 Extent of judgment. (1) The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction.

      (2) With respect to property that is an instrumentality of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction, the court shall consider:

      (a) Whether the property constitutes the defendant’s lawful livelihood or means of earning a living.

      (b) Whether the property is the defendant’s residence.

      (c) The degree of relationship between the property and the prohibited conduct, including the extent to which the property facilitated the prohibited conduct or could facilitate future prohibited conduct.

      (d) The monetary value of the property in relation to the risk of injury to the public from the prohibited conduct.

      (e) The monetary value of the property in relation to the actual injury to the public from the prohibited conduct.

      (f) The monetary value of the property in relation to objective measures of the potential or actual criminal culpability of the person or persons engaging in the prohibited conduct, including:

      (A) The inherent gravity of the prohibited conduct;

      (B) The potential sentence for similar prohibited conduct under Oregon law;

      (C) The defendant’s prior criminal history; and

      (D) The sentence actually imposed on the defendant.

      (g) Any additional relevant evidence. [2005 c.830 §13]

 

      131.588 Judgment of forfeiture; contents; effect. (1) If no financial institution has filed the affidavit described in ORS 131.579 (1), and if the court has failed to uphold the claim or affidavit of any other person claiming an interest in the property, the effect of the judgment is that:

      (a) Title to the property passes to the seizing agency free of any interest or encumbrance thereon in favor of any person who has been given notice;

      (b) The seizing agency may transfer good and sufficient title to any subsequent purchaser or transferee, and all courts, the state and the departments and agencies of this state, and any political subdivision shall recognize the title. In the case of real property, the seizing agency shall warrant the title against constitutional defect. A warranty under this paragraph is limited to the purchase price of the real property; and

      (c) Any department, agency or officer of this state or any political subdivision whose official functions include the issuance of certificates or other evidence of title is immune from civil or criminal liability when such issuance is pursuant to a judgment of criminal forfeiture.

      (2) If an affidavit is filed by a financial institution under ORS 131.579 (1), or if a person files an affidavit under ORS 131.579 (2):

      (a) The court shall foreclose all security interests, liens and vendor’s interests of financial institutions and claimants as to which the court determines that there is a legal or equitable basis for foreclosure; and

      (b) All other interests applicable to the property that are not foreclosed or otherwise eliminated through a judgment of foreclosure, if and to the extent that they are valid and subsisting, remain in effect and the property remains subject to them upon completion of the criminal forfeiture proceeding.

      (3) Notwithstanding any other provision of law, if a financial institution or other person has filed an affidavit described in ORS 131.579, or if the court has upheld the claim of any claimant, then as to each item of property seized:

      (a) If the court has determined that the property should not be forfeited and has not foreclosed the security interests, liens or other interests covering the property, the court shall render judgment in favor of the owner of the property, the property must be returned to the owner and all security interests, liens and other interests applicable to the property remain in effect as though the property had never been seized. If the property is a motor vehicle with a hidden compartment, the seizing agency is not liable for any diminution in the value of the property as a result of disabling the compartment. Upon the return of the property to the owner, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure.

      (b) If the court has determined that the property should not be forfeited and has foreclosed one or more interests covering the property, including security interests or liens covering the property or contracts for the transfer or conveyance of the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure, and the court shall order the property sold pursuant to a sheriff’s sale or other sale authorized by the court within such time as may be prescribed by the court following entry of the judgment. If any interests covering the property have not been foreclosed, including any liens or security interests of a claimant whose claim has been upheld, or of a financial institution that has filed the affidavit described in ORS 131.579, the property must be sold subject to those interests. The judgment shall order the proceeds of the sale applied in the following order:

      (A) To the payment of the costs of the sale;

      (B) If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment;

      (C) To the satisfaction of the foreclosed liens, security interests and contracts in order of their priority; and

      (D) The excess, if any, to the owner of the property.

      (c) If the court has determined that the property should be forfeited and has foreclosed one or more security interests, liens, contracts or other interests covering the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure, and the court shall order the property sold pursuant to a sheriff’s sale or other sale authorized by the court. If any interest in the property was claimed by a financial institution or other claimant and the interest was upheld but not foreclosed, the property must be sold subject to the interest. The sale of the property must be held within such time as may be prescribed by the court following entry of the judgment. The judgment shall also order the proceeds of such sale applied in the following order:

      (A) To the payment of the costs of the sale;

      (B) If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment;

      (C) To the satisfaction of the foreclosed liens, security interests and contracts in the order of their priority; and

      (D) The excess, if any, to the seizing agency to be disposed of as provided in ORS 131.594 or 131.597.

      (d) If the court has determined that the property should be forfeited and has not foreclosed the interests of any party in the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure. The court shall enter a judgment awarding the property to the seizing agency, subject to the interests of any claimants whose claims or affidavits were upheld by the court, and subject to the interests of any financial institutions that filed affidavits under ORS 131.579 (1), that remain in full force and effect. If the property is a motor vehicle with a hidden compartment, the interests of any claimants or financial institutions shall be reduced on a pro rata basis by the cost of disabling the hidden compartment.

      (4) Upon motion of the state, the court may include in the judgment of criminal forfeiture an order that directs the seizing agency to distribute to the victim of the crime of conviction a portion of any proceeds from property received by the seizing agency if the court included an order of restitution in the criminal judgment.

      (5) The seizing agency is not liable to any person as a consequence of obedience to a judgment directing conveyance to a financial institution.

      (6)(a) On entry of judgment for a claimant in any proceeding to forfeit property under ORS 131.550 to 131.600, unless the court has foreclosed one or more security interests, liens or other interests covering the property, the property or interest in property must be returned or conveyed immediately to the claimant designated by the court.

      (b) If it appears that there was reasonable suspicion that the property was subject to criminal forfeiture, the court shall cause a finding to be entered and no claimant or financial institution is entitled to damages nor is the person who made the seizure, the seizing agency or forfeiture counsel liable to suit or judgment on account of the seizure or action. An order directing seizure issued under ORS 131.561 constitutes a finding of reasonable suspicion that the property was subject to criminal forfeiture.

      (7) Except for deficiencies resulting from disabling a hidden compartment in a motor vehicle with a hidden compartment, nothing in this section prevents a claimant or financial institution from obtaining any deficiency to which the claimant or financial institution would otherwise be entitled.

      (8) Nothing in this section or in ORS 131.564 prevents a seizing agency from entering into an agreement with a claimant or other person for the reimbursement of the seizing agency for the costs and expenses relating to towing and storage of property or the cost of discharging any possessory chattel lien on the property arising under ORS 87.152 to 87.162 that attached to the property in the period between the seizure of the property and the release or criminal forfeiture of the property. [2005 c.830 §14; 2009 c.617 §4; 2009 c.874 §3; 2011 c.504 §3]

 

      131.591 Equitable distribution of property or proceeds; intergovernmental agreements. Distribution of property or proceeds in accordance with ORS 131.550 to 131.600 must be made equitably and may be made pursuant to intergovernmental agreement under ORS chapter 190. Intergovernmental agreements providing for such distributions and in effect on September 2, 2005, remain valid unless changed by the parties. The equitable distribution of proceeds targeted for law enforcement must involve sharing the proceeds between the seizing agency and forfeiture counsel. [2005 c.830 §15]

 

      131.594 Disposition and distribution of forfeited property when seizing agency not the state. (1) After the seizing agency distributes property under ORS 131.588, and when the seizing agency is not the state, the seizing agency shall dispose of and distribute property as follows:

      (a) The seizing agency shall pay costs first from the property or its proceeds. As used in this subsection, “costs” includes the expenses of publication, service of notices, towing, storage and servicing or maintaining the seized property under ORS 131.564.

      (b) After costs have been paid, the seizing agency shall distribute to the victim any amount the seizing agency was ordered to distribute under ORS 131.588 (4).

      (c) After costs have been paid and distributions under paragraph (b) of this subsection have been made, the seizing agency shall distribute the rest of the property to the general fund of the political subdivision that operates the seizing agency.

      (2) Of the property distributed under subsection (1)(c) of this section, the political subdivision shall distribute:

      (a) Three percent to the Asset Forfeiture Oversight Account established in ORS 131A.460;

      (b) Seven percent to the Illegal Drug Cleanup Fund established in ORS 475.495 for the purposes specified in ORS 475.495 (5) and (6); and

      (c) Ten percent to the state General Fund.

      (3) Of the property distributed under subsection (1)(c) of this section that remains in the general fund of the political subdivision after the distributions required by subsection (2) of this section have been made:

      (a) Fifty percent must be for official law enforcement use; and

      (b) Fifty percent must be used for substance abuse treatment pursuant to a plan developed under ORS 430.420.

      (4) Except as otherwise provided by intergovernmental agreement, the seizing agency may:

      (a) Sell, lease, lend or transfer the property or proceeds to any federal, state or local law enforcement agency or district attorney.

      (b) Sell the forfeited property by public or other commercially reasonable sale and pay from the proceeds the expenses of keeping and selling the property.

      (c) Retain the property.

      (d) With written authorization from the district attorney for the seizing agency’s jurisdiction, destroy any firearms or controlled substances.

      (5) A political subdivision may sell as much property as may be needed to make the distributions required by subsections (1) and (2) of this section. A political subdivision shall make distributions to the Asset Forfeiture Oversight Account, the Illegal Drug Cleanup Fund and the state General Fund that are required by subsection (2) of this section once every three months. The distributions are due within 20 days of the end of each quarter. Interest does not accrue on amounts that are paid within the period specified by this subsection.

      (6) A seizing agency may donate growing equipment and laboratory equipment that was used, or intended for use, in manufacturing of controlled substances to a public school, community college or public university listed in ORS 352.002.

      (7) This section applies only to criminal forfeiture proceeds arising out of prohibited conduct. [2005 c.830 §16; 2009 c.78 §54; 2011 c.637 §61]

 

      131.597 Disposition and distribution of forfeited property when seizing agency is the state. (1) After the seizing agency distributes property under ORS 131.588, and when the seizing agency is the state or when the state is the recipient of property forfeited under ORS 131.550 to 131.600, the seizing agency shall dispose of and distribute property as follows:

      (a) The seizing agency shall pay costs first from the property or its proceeds. As used in this subsection, “costs” includes the expenses of publication, service of notices, towing, storage and servicing or maintaining the seized property under ORS 131.564.

      (b) After costs have been paid, the seizing agency shall distribute to the victim any amount the seizing agency was ordered to distribute under ORS 131.588 (4).

      (c) Of the property remaining after costs have been paid under paragraph (a) of this subsection and distributions have been made under paragraph (b) of this subsection, the seizing agency shall distribute:

      (A) Three percent to the Asset Forfeiture Oversight Account established in ORS 131A.460;

      (B) Seven percent to the Illegal Drug Cleanup Fund established in ORS 475.495 for the purposes specified in ORS 475.495 (5) and (6);

      (C) Ten percent to the state General Fund;

      (D) Subject to subsection (5) of this section, 40 percent to the Department of State Police or the Department of Justice for official law enforcement use; and

      (E) Forty percent to the Drug Prevention and Education Fund established in ORS 430.422.

      (2)(a) Any amount paid to or retained by the Department of Justice under subsection (1) of this section must be deposited in the Criminal Justice Revolving Account in the State Treasury.

      (b) Any amount paid to or retained by the Department of State Police under subsection (1) of this section must be deposited in the State Police Account.

      (3) The state may:

      (a) With written authorization from the district attorney for the jurisdiction in which the property was seized, destroy any firearms or controlled substances.

      (b) Sell the forfeited property by public or other commercially reasonable sale and pay from the proceeds the expenses of keeping and selling the property.

      (c) Retain any vehicles, firearms or other equipment usable for law enforcement purposes, for official law enforcement use directly by the state.

      (d) Lend or transfer any vehicles, firearms or other equipment usable for law enforcement purposes to any federal, state or local law enforcement agency or district attorney for official law enforcement use directly by the transferee entity.

      (4) When the state has entered into an intergovernmental agreement with one or more political subdivisions under ORS 131.591, or when a law enforcement agency of this state has entered into an agreement with another law enforcement agency of this state, an equitable portion of the forfeited property distributed under subsection (1)(c)(D) of this section must be distributed to each agency participating in the seizure or criminal forfeiture as provided by the agreement.

      (5) The property distributed under subsection (1)(c)(D) of this section, including any proceeds received by the state under an intergovernmental agreement or under an agreement between state law enforcement agencies, must be divided as follows:

      (a) When no law enforcement agency other than the Department of Justice participated in the seizure or forfeiture, or when the Department of Justice has entered into an agreement under subsection (4) of this section, the property must be deposited in the Criminal Justice Revolving Account.

      (b) When no law enforcement agency other than the Department of State Police participated in the seizure or forfeiture, or when the Department of State Police has entered into an agreement under subsection (4) of this section, the property must be deposited in the State Police Account.

      (6) The seizing agency may sell as much property as may be needed to make the distributions required by subsection (1) of this section. The seizing agency shall make distributions to the Asset Forfeiture Oversight Account and the Illegal Drug Cleanup Fund that are required by subsection (1) of this section once every three months. The distributions are due within 20 days of the end of each quarter. Interest does not accrue on amounts that are paid within the period specified by this subsection. [2005 c.830 §17; 2009 c.78 §55]

 

      131.600 Record keeping and reporting requirements. (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.

      (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. [2005 c.830 §18; 2011 c.504 §1; 2013 c.9 §1]

 

      131.602 Prohibited conduct for purposes of instrumentalities of crime. The crimes to which ORS 131.550 (12)(b) applies are:

      (1) Bribe giving, as defined in ORS 162.015.

      (2) Bribe receiving, as defined in ORS 162.025.

      (3) Public investment fraud, as defined in ORS 162.117.

      (4) Bribing a witness, as defined in ORS 162.265.

      (5) Bribe receiving by a witness, as defined in ORS 162.275.

      (6) Simulating legal process, as defined in ORS 162.355.

      (7) Official misconduct in the first degree, as defined in ORS 162.415.

      (8) Assisting another person to commit suicide, as defined in ORS 163.193.

      (9) Custodial interference in the second degree, as defined in ORS 163.245.

      (10) Custodial interference in the first degree, as defined in ORS 163.257.

      (11) Buying or selling a person under 18 years of age, as defined in ORS 163.537.

      (12) Using a child in a display of sexually explicit conduct, as defined in ORS 163.670.

      (13) Encouraging child sexual abuse in the first degree, as defined in ORS 163.684.

      (14) Encouraging child sexual abuse in the second degree, as defined in ORS 163.686.

      (15) Encouraging child sexual abuse in the third degree, as defined in ORS 163.687.

      (16) Possession of materials depicting sexually explicit conduct of a child in the first degree, as defined in ORS 163.688.

      (17) Possession of materials depicting sexually explicit conduct of a child in the second degree, as defined in ORS 163.689.

      (18) Theft in the second degree, as defined in ORS 164.045.

      (19) Theft in the first degree, as defined in ORS 164.055.

      (20) Aggravated theft in the first degree, as defined in ORS 164.057.

      (21) Extortion, as defined in ORS 164.075.

      (22) Theft by deception, as defined in ORS 164.085, if it is a felony or a Class A misdemeanor.

      (23) Theft by receiving, as defined in ORS 164.095, if it is a felony or a Class A misdemeanor.

      (24) Theft of services, as defined in ORS 164.125, if it is a felony or a Class A misdemeanor.

      (25) Unauthorized use of a vehicle, as defined in ORS 164.135.

      (26) Mail theft or receipt of stolen mail, as defined in ORS 164.162.

      (27) Laundering a monetary instrument, as defined in ORS 164.170.

      (28) Engaging in a financial transaction in property derived from unlawful activity, as defined in ORS 164.172.

      (29) Burglary in the second degree, as defined in ORS 164.215.

      (30) Burglary in the first degree, as defined in ORS 164.225.

      (31) Possession of a burglary tool or theft device, as defined in ORS 164.235.

      (32) Unlawful entry into a motor vehicle, as defined in ORS 164.272.

      (33) Arson in the second degree, as defined in ORS 164.315.

      (34) Arson in the first degree, as defined in ORS 164.325.

      (35) Computer crime, as defined in ORS 164.377.

      (36) Robbery in the third degree, as defined in ORS 164.395.

      (37) Robbery in the second degree, as defined in ORS 164.405.

      (38) Robbery in the first degree, as defined in ORS 164.415.

      (39) Unlawful labeling of a sound recording, as defined in ORS 164.868.

      (40) Unlawful recording of a live performance, as defined in ORS 164.869.

      (41) Unlawful labeling of a videotape recording, as defined in ORS 164.872.

      (42) A violation of ORS 164.886.

      (43)(a) Endangering aircraft in the first degree, as defined in ORS 164.885.

      (b) Endangering aircraft in the second degree, as defined in ORS 164.885.

      (44) Interference with agricultural operations, as defined in ORS 164.887.

      (45) Forgery in the second degree, as defined in ORS 165.007.

      (46) Forgery in the first degree, as defined in ORS 165.013.

      (47) Criminal possession of a forged instrument in the second degree, as defined in ORS 165.017.

      (48) Criminal possession of a forged instrument in the first degree, as defined in ORS 165.022.

      (49) Criminal possession of a forgery device, as defined in ORS 165.032.

      (50) Criminal simulation, as defined in ORS 165.037.

      (51) Fraudulently obtaining a signature, as defined in ORS 165.042.

      (52) Fraudulent use of a credit card, as defined in ORS 165.055.

      (53) Negotiating a bad check, as defined in ORS 165.065.

      (54) Possessing a fraudulent communications device, as defined in ORS 165.070.

      (55) Unlawful factoring of a payment card transaction, as defined in ORS 165.074.

      (56) Falsifying business records, as defined in ORS 165.080.

      (57) Sports bribery, as defined in ORS 165.085.

      (58) Sports bribe receiving, as defined in ORS 165.090.

      (59) Misapplication of entrusted property, as defined in ORS 165.095.

      (60) Issuing a false financial statement, as defined in ORS 165.100.

      (61) Obtaining execution of documents by deception, as defined in ORS 165.102.

      (62) A violation of ORS 165.543.

      (63) Cellular counterfeiting in the third degree, as defined in ORS 165.577.

      (64) Cellular counterfeiting in the second degree, as defined in ORS 165.579.

      (65) Cellular counterfeiting in the first degree, as defined in ORS 165.581.

      (66) Identity theft, as defined in ORS 165.800.

      (67) A violation of ORS 166.190.

      (68) Unlawful use of a weapon, as defined in ORS 166.220.

      (69) A violation of ORS 166.240.

      (70) Unlawful possession of a firearm, as defined in ORS 166.250.

      (71) A violation of ORS 166.270.

      (72) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer, as defined in ORS 166.272.

      (73) A violation of ORS 166.275.

      (74) Unlawful possession of armor piercing ammunition, as defined in ORS 166.350.

      (75) A violation of ORS 166.370.

      (76) Unlawful possession of a destructive device, as defined in ORS 166.382.

      (77) Unlawful manufacture of a destructive device, as defined in ORS 166.384.

      (78) Possession of a hoax destructive device, as defined in ORS 166.385.

      (79) A violation of ORS 166.410.

      (80) Providing false information in connection with a transfer of a firearm, as defined in ORS 166.416.

      (81) Improperly transferring a firearm, as defined in ORS 166.418.

      (82) Unlawfully purchasing a firearm, as defined in ORS 166.425.

      (83) A violation of ORS 166.429.

      (84) A violation of ORS 166.470.

      (85) A violation of ORS 166.480.

      (86) A violation of ORS 166.635.

      (87) A violation of ORS 166.638.

      (88) Unlawful paramilitary activity, as defined in ORS 166.660.

      (89) A violation of ORS 166.720.

      (90) Prostitution, as defined in ORS 167.007.

      (91) Commercial sexual solicitation, as defined in ORS 167.008.

      (92) Promoting prostitution, as defined in ORS 167.012.

      (93) Compelling prostitution, as defined in ORS 167.017.

      (94) Exhibiting an obscene performance to a minor, as defined in ORS 167.075.

      (95) Unlawful gambling in the second degree, as defined in ORS 167.122.

      (96) Unlawful gambling in the first degree, as defined in ORS 167.127.

      (97) Possession of gambling records in the second degree, as defined in ORS 167.132.

      (98) Possession of gambling records in the first degree, as defined in ORS 167.137.

      (99) Possession of a gambling device, as defined in ORS 167.147.

      (100) Possession of a gray machine, as defined in ORS 167.164.

      (101) Cheating, as defined in ORS 167.167.

      (102) Tampering with drug records, as defined in ORS 167.212.

      (103) A violation of ORS 167.262.

      (104) Research and animal interference, as defined in ORS 167.312.

      (105) Animal abuse in the first degree, as defined in ORS 167.320.

      (106) Aggravated animal abuse in the first degree, as defined in ORS 167.322.

      (107) Animal neglect in the first degree, as defined in ORS 167.330.

      (108) Interfering with an assistance, a search and rescue or a therapy animal, as defined in ORS 167.352.

      (109) Involvement in animal fighting, as defined in ORS 167.355.

      (110) Dogfighting, as defined in ORS 167.365.

      (111) Participation in dogfighting, as defined in ORS 167.370.

      (112) Unauthorized use of a livestock animal, as defined in ORS 167.385.

      (113) Interference with livestock production, as defined in ORS 167.388.

      (114) A violation of ORS 167.390.

      (115) Participation in cockfighting, as defined in ORS 167.431.

      (116) A violation of ORS 471.410.

      (117) Failure to report missing precursor substances, as defined in ORS 475.955.

      (118) Illegally selling drug equipment, as defined in ORS 475.960.

      (119) Providing false information on a precursor substances report, as defined in ORS 475.965.

      (120) Unlawful delivery of an imitation controlled substance, as defined in ORS 475.912.

      (121) A violation of ORS 475.752, if it is a felony or a Class A misdemeanor.

      (122) A violation of ORS 475.914, if it is a felony or a Class A misdemeanor.

      (123) A violation of ORS 475.916.

      (124) A violation of ORS 475.906, if it is a felony or a Class A misdemeanor.

      (125) A violation of ORS 475.904.

      (126) A violation of ORS 475B.337, if it is a felony or a Class A misdemeanor.

      (127) A violation of ORS 475B.341, if it is a felony or a Class A misdemeanor.

      (128) A violation of ORS 475B.346, if it is a felony or a Class A misdemeanor.

      (129) A violation of ORS 475B.349, if it is a felony or a Class A misdemeanor.

      (130) A violation of ORS 475B.227.

      (131) Misuse of an identification card, as defined in ORS 807.430.

      (132) Unlawful production of identification cards, licenses, permits, forms or camera cards, as defined in ORS 807.500.

      (133) Transfer of documents for the purposes of misrepresentation, as defined in ORS 807.510.

      (134) Using an invalid license, as defined in ORS 807.580.

      (135) Permitting misuse of a license, as defined in ORS 807.590.

      (136) Using another’s license, as defined in ORS 807.600.

      (137) Criminal driving while suspended or revoked, as defined in ORS 811.182.

      (138) Aggravated driving while suspended or revoked, as defined in ORS 163.196.

      (139) Driving while under the influence of intoxicants, as defined in ORS 813.010, when it is a felony.

      (140) Unlawful distribution of cigarettes, as defined in ORS 323.482.

      (141) Unlawful distribution of tobacco products, as defined in ORS 323.632.

      (142) A violation of ORS 180.440 (2) or 180.486 (2).

      (143) A violation described in ORS 475.806 to 475.894, if it is a felony.

      (144) Subjecting another person to involuntary servitude in the first degree, as defined in ORS 163.264.

      (145) Subjecting another person to involuntary servitude in the second degree, as defined in ORS 163.263.

      (146) Trafficking in persons, as defined in ORS 163.266.

      (147) Luring a minor, as defined in ORS 167.057.

      (148) Online sexual corruption of a child in the second degree, as defined in ORS 163.432.

      (149) Online sexual corruption of a child in the first degree, as defined in ORS 163.433.

      (150) An attempt, conspiracy or solicitation to commit a crime in subsections (1) to (149) of this section if the attempt, conspiracy or solicitation is a felony or a Class A misdemeanor. [2005 c.830 §19; 2005 c.830 §19a; 2007 c.40 §2; 2007 c.71 §31; 2007 c.811 §8; 2007 c.869 §4; 2007 c.876 §7; 2009 c.299 §5; 2009 c.717 §24; 2009 c.796 §3; 2009 c.874 §17; 2011 c.151 §7; 2011 c.552 §3; 2011 c.681 §4; 2013 c.374 §4; 2015 c.98 §5; 2016 c.47 §6; 2017 c.21 §38]

 

      131.604 Disposition of forfeited cigarettes. Notwithstanding ORS 131.594 and 131.597, if property forfeited under ORS 131.550 to 131.600 consists of cigarettes forfeited because of a violation of ORS 180.440 (2), the seizing agency shall destroy the cigarettes. [2003 c.801 §16a; 2005 c.830 §29]

 

CRIME PREVENTION

 

(Stopping of Persons)

 

      131.605 Definitions for ORS 131.605 to 131.625. As used in ORS 131.605 to 131.625, unless the context requires otherwise:

      (1) “Crime” has the meaning provided for that term in ORS 161.515.

      (2) “Dangerous weapon,” “deadly weapon” and “person” have the meanings given those terms in ORS 161.015.

      (3) “Frisk” is an external patting of a person’s outer clothing.

      (4) “Is about to commit” means unusual conduct that leads a peace officer reasonably to conclude in light of the officer’s training and experience that criminal activity may be afoot.

      (5) “Peace officer” has the meaning given that term in ORS 133.005.

      (6) “Reasonably suspects” means that a peace officer holds a belief that is reasonable under the totality of the circumstances existing at the time and place the peace officer acts as authorized in ORS 131.605 to 131.625.

      (7) A “stop” is a temporary restraint of a person’s liberty by a peace officer lawfully present in any place. [1973 c.836 §30; 1997 c.866 §2; 2011 c.506 §6; 2011 c.644 §12]

 

      131.615 Stopping of persons. (1) A peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and, after informing the person that the peace officer is a peace officer, make a reasonable inquiry.

      (2) The detention and inquiry shall be conducted in the vicinity of the stop and for no longer than a reasonable time.

      (3) The inquiry shall be considered reasonable if it is limited to:

      (a) The immediate circumstances that aroused the officer’s suspicion;

      (b) Other circumstances arising during the course of the detention and inquiry that give rise to a reasonable suspicion of criminal activity; and

      (c) Ensuring the safety of the officer, the person stopped or other persons present, including an inquiry regarding the presence of weapons.

      (4) The inquiry may include a request for consent to search in relation to the circumstances specified in subsection (3) of this section or to search for items of evidence otherwise subject to search or seizure under ORS 133.535.

      (5) A peace officer making a stop may use the degree of force reasonably necessary to make the stop and ensure the safety of the peace officer, the person stopped or other persons who are present. [1973 c.836 §31; 1997 c.866 §1]

 

      131.625 Frisk of stopped persons. (1) A peace officer may frisk a stopped person for dangerous or deadly weapons if the officer reasonably suspects that the person is armed and dangerous to the officer or other persons present.

      (2) If, in the course of the frisk, the peace officer feels an object which the peace officer reasonably suspects is a dangerous or deadly weapon, the peace officer may take such action as is reasonably necessary to take possession of the weapon. [1973 c.836 §32; 1997 c.866 §3]

 

(Detention)

 

      131.655 Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater; probable cause. (1) Notwithstanding any other provision of law, a person may be detained in a reasonable manner and for a reasonable time by:

      (a) A merchant or merchant’s employee who has probable cause for believing that the person has committed theft of property of a store or other mercantile establishment; or

      (b) The owner or lessee of a motion picture theater or authorized agent or employee of the owner or lessee who has probable cause to believe that the person has violated ORS 164.882.

      (2) Probable cause is a defense to any civil or criminal action based on detention and interrogation that a person brings against:

      (a) A merchant or merchant’s employee who has detained the person in a reasonable manner and for a reasonable time based on probable cause for believing that the person has committed theft of property of a store or other mercantile establishment; or

      (b) The owner or lessee of a motion picture theater or authorized agent or employee of the owner or lessee who has detained the person based on probable cause for believing that the person has violated ORS 164.882. [Formerly 133.037; 2005 c.459 §2]

 

(Prevention by Public Officers)

 

      131.665 Prevention by public officers. Crimes may be prevented by the action of public officers in accordance with ORS 131.675, 131.685, 131.705 to 131.735, and as otherwise authorized by law. [1973 c.836 §34a (enacted in lieu of 145.010)]

 

      131.675 Dispersal of unlawful or riotous assemblages. When any five or more persons, whether armed or not, are unlawfully or riotously assembled in any county, city, town or village, the sheriff of the county and the deputies of the sheriff, the mayor of the city, town or village, or chief executive officer or officers thereof, and the justice of the peace of the district where the assemblage takes place, or such of them as can forthwith be collected, shall go among the persons assembled, or as near to them as they can with safety, and command them in the name of the State of Oregon to disperse. If, so commanded, they do not immediately disperse, the officer must arrest them or cause them to be arrested; and they may be punished according to law. [Formerly 145.020; 1987 c.526 §1]

 

      131.685 Authority of Governor to enter into agreements with other states for crime prevention purposes. The Governor of Oregon may enter into agreements or compacts with the Governor of any or all the States of Washington, Idaho, California and Nevada, each acting on behalf of the own state of the Governor, in order to effectuate cooperative effort and mutual assistance in the prevention of crime in those states and in the enforcement of their respective criminal laws and policies. [Formerly 145.060]

 

(Exclusion from Public Property)

 

      131.705 Definitions for ORS 131.705 to 131.735. As used in ORS 131.705 to 131.735, unless the context requires otherwise:

      (1) “Police” means the municipal police and the county sheriff of the political subdivision in which the public property is located, and the Department of State Police.

      (2) “Public official” means the officer or employee who is the administrative head of the board, commission, agency or division or department of this state or any political subdivision therein which has jurisdiction over any public property, or the designate of the officer or employee.

      (3) “Public property” means public lands, premises and buildings, including but not limited to any building used in connection with the transaction of public business or any lands, premises or buildings owned or leased by this state or any political subdivision therein. [Formerly 145.610]

 

      131.715 Proclamation of emergency period by Governor. After consultation with the public official, or the designate of the public official, and the police, the Governor may proclaim an emergency period if the Governor finds that there exists on any public property a clear and present danger of injury to persons, damage to property or denial of or substantial interference with ingress or egress from public property. The proclamation shall describe the public property affected by the proclamation. The Governor shall cause the proclamation to be publicized. When the Governor finds that the danger has ended, the Governor shall proclaim the end of the emergency period. [Formerly 145.620]

 

      131.725 Exclusion from public property. (1) During the emergency period proclaimed by the Governor under ORS 131.715, the public official shall order excluded from the public property described in the proclamation such persons who in the judgment of the public official are contributing to or aggravating the danger which the Governor has proclaimed to exist.

      (2) After informing the person ordered removed or excluded from the public property of the proclamation and order, the police shall remove or exclude such person from such public property.

      (3) Any person who, having been ordered excluded or removed from any public property, knowingly enters thereon or who remains on such property during an emergency period proclaimed by the Governor under ORS 131.715 and who refuses to leave such property upon request by the police, commits a Class A misdemeanor. [Formerly 145.630]

 

      131.735 Review of exclusion order. Any person ordered removed or excluded from any public property under ORS 131.715 and 131.725 shall have immediate access to the circuit court for the county in which the property is located for review of the order of exclusion or removal. Such access shall be in the form of a writ of review and shall be given priority over all other cases on the docket of the circuit court. [Formerly 145.640]

 

(Special Law Enforcement Officers)

 

      131.805 Authority to employ special agents. The Governor may employ, at such salaries as the Governor deems reasonable for the services rendered, special agents to effect the apprehension and conviction of criminals, the return of fugitives from justice, the investigation of cases in which the Governor believes the laws of the state are being violated, the supervision of persons paroled or conditionally pardoned from the Department of Corrections or the collection of evidence in any case, civil or criminal, in which the state is interested whenever in the judgment of the Governor it is necessary from the conditions existing in any case, whenever the Governor is convinced that criminals are likely to escape punishment and justice cannot be done by the regularly constituted authorities of any county of the state or of the state or whenever any emergency has arisen which in the judgment of the Governor would justify the Governor so doing. [Formerly 148.010; 1987 c.320 §17]

 

      131.815 Presentment of facts to circuit court. Whenever in the opinion of the Governor the criminal laws of the state are not being faithfully executed and enforced and the circumstances justify the appointment of any sheriff, district attorney, constable or justice of the peace pro tem, the Governor shall lay the facts of which the Governor is advised before the circuit court, or any judge thereof, of the district of the office in question. The court or judge shall, without delay, in a summary manner consider the facts so presented and such further facts as can be gathered or may be presented by or on behalf of the Governor, the officer or any party interested. [Formerly 148.110]

 

      131.825 Hearing. The court, or judge thereof, in conducting such hearing, shall have all the usual powers of the circuit court or judge, including the power to subpoena and examine witnesses of its own motion. The Governor, the officer affected or any party interested may subpoena witnesses and appear and participate in person or by counsel, and the officer shall be given reasonable opportunity to prepare and present this case. The Attorney General shall appear on behalf of the Governor if by the Governor requested so to do. [Formerly 148.120]

 

      131.835 Request that judge of another district conduct hearing; traveling expenses. When the Governor has made a request for an investigation before the court or judge of the district of the office affected, the court or judge may request that the hearing be held before the court or judge of any other district and call in such court or judge to conduct the same at the regular place of holding court in the district of the office affected. Such a request shall be made by the court or judge without delay and the court or judge called in shall proceed without delay to conduct the hearing. The actual necessary traveling expenses of any court or judge that is called in shall be paid out of the funds appropriated for the purposes of ORS 131.815 to 131.875 upon properly verified vouchers being presented to the Secretary of State. [Formerly 148.130]

 

      131.845 Findings. The court or judge shall make such findings as are justified by the facts adduced at the hearing and shall find as to whether or not the criminal laws of the state are being faithfully executed and enforced by the officers under investigation. [Formerly 148.140]

 

      131.855 Appointment of special officers on finding that laws are not enforced. If it is found that the criminal laws of the state are not being faithfully executed and enforced by the officers under investigation, the Governor may appoint, for a period not longer than 90 days, such special officers as may be necessary to correct the failure to execute or enforce the criminal laws. [Formerly 148.150]

 

      131.860 Qualifying of special officers; powers and duties. When appointed, special officers shall qualify in the same manner as provided by law for regularly elected officers, shall have all the power and authority of the regularly elected officers necessary to effectuate the purposes of the appointment and shall carry out the directions of the Governor, pursuant to the appointment, in the same manner and to the same extent as the duly elected officers could do or perform; and no greater power shall be conferred upon any special officer than is by law lodged with the regularly elected officers. [Formerly 148.160]

 

      131.865 Compensation of special officers. The special officers provided for in ORS 131.855 shall receive a compensation for the time they are appointed equal to that provided for the regularly elected officers, the compensation to be paid in the same manner as the regular officers are paid. [Formerly 148.170]

 

      131.875 Effect of appointment of special officers on salary of regular officers. The regularly elected, qualified and acting officers shall, during any appointment of a special officer, receive the salary provided by law, to the same extent as though no special officer had been appointed. [Formerly 148.180]

 

      131.880 Appointment of railroad police officers; liability. The Governor, upon application of any railroad company operating in this state, may appoint and commission, during the pleasure of the Governor, persons designated by the company and to serve at the expense of the company, as police officers, with the powers of peace officers and who, after being duly sworn, may act as police officers to protect the railroad company property and the persons or property of the railroad company passengers or employees. The railroad company designating such persons is civilly responsible for any abuse of their authority. [1973 c.676 §1]

 

(Rewards)

 

      131.885 Offer of reward. If any person charged with or convicted of any felony within this state breaks prison, escapes, absconds or flees or hides from justice, the county court or county governing body of the county in which the crime was committed, if the court or governing body deems it necessary, may offer a reward for information leading to the apprehension of such person by the appropriate police authority. [Formerly 149.010; 1981 c.300 §1; 1999 c.217 §1]

 

      131.890 Entitlement to reward; use of public money to reward bounty hunter. (1) Any person providing information leading to the apprehension of a person for whom a reward has been offered under ORS 131.885 is entitled to and shall be paid the reward offered under ORS 131.885 or a proportionate share thereof if more than one claimant is entitled.

      (2) No public money may be used to pay a reward to a bounty hunter under this section. As used in this subsection, “bounty hunter” means a private person who is in the business of apprehending persons who have forfeited security or broken the terms of a security release, fled from justice or escaped from confinement. [Formerly 149.020; 1981 c.300 §2; 1999 c.217 §2]

 

      131.892 Offer of reward for information on commission of criminal offense. An organization, association or person may offer a reward for information leading to the apprehension and conviction of any person who has committed a criminal offense. [1993 c.543 §2; 1995 c.461 §1; 1999 c.217 §3]

 

      131.895 Procedure for payment. The county court or county governing body, on the claim of the applicant for reward under ORS 131.885 to 131.895, shall determine whether the claimant is entitled to the reward. If it so determines, it shall certify the amount offered in reward, or a proportionate share thereof if more than one claimant is entitled, to the county clerk of the county and the county clerk shall draw a warrant on the treasurer of the county for the amount so authorized. [Formerly 149.030; 1981 c.300 §3]

 

      131.897 Authority to order repayment of reward as part of sentence. (1) In addition to any other sentence it may impose as a result of a criminal conviction, the court may order that a defendant reimburse to a person, organization, association or public body or officer, any sum or portion thereof offered and paid by the person, organization, association or public body or officer under ORS 131.885 to 131.895, as a reward for information leading to the apprehension of the defendant. Reimbursement under this section shall be ordered paid into the court, for further transfer by the clerk to the person, organization, association or public body or officer entitled to it.

      (2) In determining whether to order reimbursement under this section, the court shall take into account:

      (a) The financial resources of the defendant and the burden that reimbursement will impose, with due regard to the other obligations of the defendant; and

      (b) The ability of the defendant to make reimbursement on an installment basis or on other conditions to be fixed by the court. [1981 c.300 §4; 1987 c.905 §13; 1993 c.543 §3; 1995 c.461 §2; 1999 c.217 §4; 2011 c.597 §121]

 

LIABILITY FOR MEDICAL EXPENSES OF CERTAIN PERSONS

 

      131.900 Liability for medical expenses for person restrained, detained or taken into custody. Except as otherwise provided by ORS 30.260 to 30.300, federal civil rights law or written agreement, the state, a county, a city, a law enforcement agency or local correctional facility thereof is not liable for charges or expenses for any medical services provided to an individual who is the object of efforts by a law enforcement officer to restrain or detain or take into custody. [1991 c.778 §8; 1993 c.196 §2]

 

LAW ENFORCEMENT CONTACTS POLICY AND DATA REVIEW COMMITTEE

 

      131.905 Legislative findings. The Legislative Assembly finds and declares that:

      (1) Surveys of the trust and confidence placed by Oregonians in state and local law enforcement indicate that there are Oregonians who believe that some law enforcement officers have engaged in practices that inequitably and unlawfully discriminate against individuals solely on the basis of their race, color or national origin.

      (2) State and local law enforcement agencies can perform their missions more effectively when all Oregonians have trust and confidence that law enforcement stops and other contacts with individuals are free from inequitable and unlawful discrimination based on race, color or national origin.

      (3) Representatives of community interest groups and state and local law enforcement agencies agree that collecting certain demographic data about contacts between individuals and state or local law enforcement officers will provide a statistical foundation to ensure that future contacts are free from inequitable and unlawful discrimination based on race, color or national origin.

      (4) Demographic data collection can establish a factual and quantifiable foundation for measuring progress in eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals, but data collection alone does not provide a sufficient basis for corrective action. Proper analysis of the demographic data and enactment of meaningful reforms in response to the results of that analysis require careful consideration of all relevant factors including the context of the community in which the data has been collected.

      (5) It is the goal of this state that all law enforcement agencies perform their missions without inappropriate use of race, color or national origin as the basis for law enforcement actions. This goal may be achieved by providing assistance to state and local law enforcement agencies and the communities that they serve.

      (6) This state shall foster, encourage and support the collection and analysis of demographic data by state and local law enforcement agencies. [2001 c.687 §5]

 

      131.906 Law Enforcement Contacts Policy and Data Review Committee; duties; report. (1) There is created the Law Enforcement Contacts Policy and Data Review Committee consisting of 11 members appointed by the Governor.

      (2) The purpose of the committee is to receive and analyze demographic data to ensure that law enforcement agencies perform their missions without inequitable or unlawful discrimination based on race, color or national origin.

      (3) To achieve its purpose, the committee shall collect and analyze demographic data to:

      (a) Provide information to assist communities and state and local law enforcement agencies in evaluating the policies, training and procedures of law enforcement agencies regarding the treatment of individuals during stops and other contacts with law enforcement;

      (b) Inform state and local law enforcement agencies and communities about law enforcement practices; and

      (c) Provide opportunities for communities and state and local law enforcement agencies to work together to increase public trust and confidence in law enforcement and to enhance the capacity of communities and law enforcement agencies to provide more effective public safety services.

      (4) The committee shall:

      (a) Solicit demographic data concerning law enforcement stops and other contacts between state and local law enforcement agencies and individuals;

      (b) Publicize programs, procedures and policies from communities that have made progress toward eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals;

      (c) Provide technical assistance, including refinement of the minimum data elements as necessary for effective analysis, to state and local law enforcement agencies that desire to begin collecting demographic data;

      (d) Provide technical assistance to communities and state and local law enforcement agencies that desire to engage in local efforts to involve individuals in the establishment and implementation of programs, procedures and policies that will advance the goal of ORS 131.905;

      (e) Obtain resources for independent analysis and interpretation of demographic data collected by state or local law enforcement agencies;

      (f) Accept and analyze demographic data collected by a state or local law enforcement agency if requested by a state or local law enforcement agency and if resources are available; and

      (g) Report to the public the results of analyses of demographic data.

      (5) In carrying out its purpose, the committee may request and receive data files from participating law enforcement agencies and may analyze data for each reported contact. These data files should contain as many of the following items of information as are collected by the participating law enforcement agency:

      (a) The reason for the law enforcement stop or other contact;

      (b) The law enforcement officer’s perception of the race, color or national origin of the individual involved in the contact;

      (c) The individual’s gender;

      (d) The individual’s age;

      (e) Whether a search was conducted in connection with the contact, and if so, what resulted from the search;

      (f) The disposition of the law enforcement action, if any, resulting from the contact; and

      (g) Additional data as recommended by the committee that state and local law enforcement agencies should collect and submit.

      (6) Data received by the committee for analysis under this section may not identify a particular law enforcement officer or a particular individual whose demographic data is collected by a state or local law enforcement agency.

      (7) The committee shall elect one of its members to serve as chairperson.

      (8) Members of the committee who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the committee shall be paid out of funds appropriated to Portland State University for purposes of the committee.

      (9) Portland State University shall provide administrative support staff necessary to the performance of the functions of the committee.

      (10) All agencies of state government, as defined in ORS 174.111, are requested to assist the committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the committee consider necessary to perform their duties.

      (11) The committee shall make findings and issue recommendations for action to achieve the purpose of this section. The committee shall submit a report containing its findings and recommendations to the appropriate interim legislative committees annually on or before December 1.

      (12) After completion of the analysis of the data from at least two state or local law enforcement agencies, the committee may recommend the collection of additional data elements.

      (13) This section does not prohibit a state or local law enforcement agency from collecting data in addition to the information listed in subsection (5) of this section. [2001 c.687 §6; 2007 c.190 §2; 2009 c.859 §1]

 

      131.908 Funding contributions. Portland State University may accept contributions of funds from the United States, its agencies, or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the Law Enforcement Contacts Policy and Data Review Committee. [2001 c.687 §8; 2007 c.190 §3]

 

      131.909 Moneys received. All moneys received by Portland State University under ORS 131.908 shall be paid into the State Treasury and deposited into the General Fund to the credit of Portland State University. Such moneys are appropriated continuously to Portland State University for the purposes of ORS 131.906. [2001 c.687 §9; 2007 c.190 §4]

 

      131.910 [2001 c.687 §10; repealed by 2017 c.532 §16]

 

LAW ENFORCEMENT PROFILING

 

(Complaint Procedures)

 

      131.915 Definitions. As used in ORS 131.915 to 131.925:

      (1) “Law enforcement agency” means:

      (a) The Department of State Police;

      (b) The Department of Justice;

      (c) A district attorney’s office; and

      (d) Any of the following that maintains a law enforcement unit as defined in ORS 181A.355:

      (A) A political subdivision or an instrumentality of the State of Oregon.

      (B) A municipal corporation of the State of Oregon.

      (C) A tribal government.

      (D) A university.

      (2) “Law enforcement officer” means:

      (a) A member of the Oregon State Police;

      (b) A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.121 or 353.125;

      (c) An investigator of a district attorney’s office if the investigator is or has been certified as a law enforcement officer in this or any other state;

      (d) An investigator of the Criminal Justice Division of the Department of Justice;

      (e) A humane special agent as defined in ORS 181A.345;

      (f) A judicial marshal of the Security and Emergency Preparedness Office of the Judicial Department who is appointed under ORS 1.177 and trained pursuant to ORS 181A.540;

      (g) A regulatory specialist exercising authority described in ORS 471.775 (2); or

      (h) An authorized tribal police officer as defined in ORS 181A.680.

      (3) “Profiling” means the targeting of an individual by a law enforcement agency or a law enforcement officer, on suspicion of the individual’s having violated a provision of law, based solely on the individual’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability, unless the agency or officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.

      (4) “Sexual orientation” has the meaning given that term in ORS 174.100. [2015 c.681 §1; 2017 c.17 §7; 2017 c.706 §6]

 

      131.920 Policies and procedures prohibiting profiling. (1) All law enforcement agencies shall have written policies and procedures prohibiting profiling. The policies and procedures shall, at a minimum, include:

      (a) A prohibition on profiling;

      (b) Procedures allowing a complaint alleging profiling to be made to the agency:

      (A) In person;

      (B) In a writing signed by the complainant and delivered by hand, postal mail, facsimile or electronic mail; or

      (C) By telephone, anonymously or through a third party;

      (c) The provision of appropriate forms to use for submitting complaints alleging profiling;

      (d) Procedures for submitting a copy of each profiling complaint to the Law Enforcement Contacts Policy and Data Review Committee and for receiving profiling complaints forwarded from the committee; and

      (e) Procedures for investigating all complaints alleging profiling.

      (2) A law enforcement agency shall:

      (a) Investigate all complaints alleging profiling that are received by the agency or forwarded from the committee.

      (b) Accept for investigation a complaint alleging profiling that is made to the agency within 180 days of the alleged profiling incident.

      (c) Respond to every complaint alleging profiling within a reasonable time after the conclusion of the investigation. The response must contain a statement of the final disposition of the complaint. [2015 c.681 §2; 2015 c.681 §6; 2017 c.706 §7]

 

      131.925 Complaints alleging profiling; complaint form. (1)(a) A law enforcement agency shall provide to the Law Enforcement Contacts Policy and Data Review Committee information concerning each complaint the agency receives alleging profiling, and shall notify the committee of the disposition of the complaint, in the manner described in this subsection.

      (b) The law enforcement agency shall submit to the committee a profiling complaint report form summarizing each profiling complaint and the disposition of the complaint, and a copy of each profiling complaint, once each year no later than January 31.

      (c) The law enforcement agency shall submit the form described in paragraph (b) of this subsection even if the agency has not received any profiling complaints.

      (d) The profiling complaint report form and copies of profiling complaints submitted to the committee may not include personal information concerning the complainant or a law enforcement officer except as to any personal information recorded on the form as described in subsection (4)(c) of this section.

      (2)(a) A person may submit to the committee a complaint alleging profiling and the committee shall receive the complaints.

      (b) The committee also shall receive complaints alleging profiling that are forwarded from a law enforcement agency.

      (c) The committee shall forward a copy of each profiling complaint the committee receives to the law enforcement agency employing the officer that is the subject of the complaint. The forwarded complaint must include the name of the complainant unless the complainant requests to remain anonymous, in which case the complainant’s name must be redacted.

      (3)(a) The committee may not release any personal information concerning a complainant or a law enforcement officer who is the subject of a profiling complaint.

      (b) The personal information of complainants and of law enforcement officers who are the subject of profiling complaints are exempt from public disclosure under ORS 192.355.

      (4) The Department of State Police shall develop a standardized profiling complaint report form. The form must provide for recording the following information:

      (a) A summary of total complaints and a certification that a law enforcement agency’s profiling policy conforms to ORS 131.920;

      (b) A summary of each complaint received by the law enforcement agency, including the date, time and location of the incident and the disposition of the complaint; and

      (c) To the extent known, the complainant’s gender, gender identity, age, race, ethnicity, sexual orientation, primary language, national origin, religion, political affiliation, homeless status and disability status, recorded in a manner that does not identify the complainant.

      (5) As used in this section, “personal information” has the meaning given that term in ORS 807.750. [2015 c.681 §3; 2017 c.706 §5]

 

(Data Collection and Analysis)

 

      131.930 Definitions. As used in ORS 131.930 to 131.945:

      (1) “Law enforcement agency” means an agency employing law enforcement officers to enforce criminal laws.

      (2) “Law enforcement officer” means a member of the Oregon State Police, a sheriff or a municipal police officer.

      (3) “Officer-initiated pedestrian stop” means a detention of a pedestrian by a law enforcement officer, not associated with a call for service, when the detention results in a citation, an arrest or a consensual search of the pedestrian’s body or property. The term does not apply to detentions for routine searches performed at the point of entry to or exit from a controlled area.

      (4) “Officer-initiated traffic stop” means a detention of a driver of a motor vehicle by a law enforcement officer, not associated with a call for service, for the purpose of investigating a suspected violation of the Oregon Vehicle Code.

      (5) “Profiling” means the targeting of an individual by a law enforcement agency or a law enforcement officer, on suspicion of the individual’s having violated a provision of law, based solely on the individual’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability, unless the agency or officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.

      (6) “Sexual orientation” has the meaning given that term in ORS 174.100. [2017 c.706 §1]

 

      131.935 Collection of officer-initiated stop data; use of data; rules. (1) No later than July 1, 2018, the Oregon Criminal Justice Commission, in consultation with the Department of State Police and the Department of Justice, shall develop and implement a standardized method to be used by law enforcement officers to record officer-initiated pedestrian stop and officer-initiated traffic stop data. The standardized method must require, and any form developed and used pursuant to the standardized method must provide for, the following data to be recorded for each stop:

      (a) The date and time of the stop;

      (b) The location of the stop;

      (c) The race, ethnicity, age and sex of the pedestrian or the operator of the motor vehicle stopped, based on the observations of the law enforcement officer responsible for reporting the stop;

      (d) The nature of, and the statutory citation for, the alleged traffic violation, or other alleged violation, that caused the stop to be made; and

      (e) The disposition of the stop, including whether a warning, citation or summons was issued, whether a search was conducted, the type of search conducted, whether anything was found as a result of the search and whether an arrest was made.

      (2) No later than July 1, 2018, the Department of Public Safety Standards and Training, in consultation with law enforcement agencies, shall develop and implement training and procedures to facilitate the collection of officer-initiated pedestrian and traffic stop data pursuant to subsection (1) of this section.

      (3) Beginning on the dates described in subsection (4) of this section, all law enforcement agencies that engage in officer-initiated pedestrian or traffic stops shall record and retain the following data for each stop:

      (a) The date and time of the stop;

      (b) The location of the stop;

      (c) The race, ethnicity, age and sex of the pedestrian or the operator of the motor vehicle stopped, based on the observations of the law enforcement officer responsible for reporting the stop;

      (d) The nature of, and the statutory citation for, the alleged traffic violation, or other alleged violation, that caused the stop to be made; and

      (e) The disposition of the stop, including whether a warning, citation or summons was issued, whether a search was conducted, the type of search conducted, whether anything was found as a result of the search and whether an arrest was made.

      (4) Each law enforcement agency shall begin recording the data described in subsection (3) of this section as follows:

      (a) An agency that employs 100 or more law enforcement officers shall begin recording no later than July 1, 2018.

      (b) An agency that employs between 25 and 99 law enforcement officers shall begin recording no later than July 1, 2019.

      (c) An agency that employs between one and 24 law enforcement officers shall begin recording no later than July 1, 2020.

      (5) Each law enforcement agency that engages in officer-initiated traffic or pedestrian stops shall report to the Oregon Criminal Justice Commission the data recorded pursuant to subsection (3) of this section as follows:

      (a) An agency that employs 100 or more law enforcement officers shall report no later than July 1, 2019, and at least annually thereafter.

      (b) An agency that employs between 25 and 99 law enforcement officers shall report no later than July 1, 2020, and at least annually thereafter.

      (c) An agency that employs between one and 24 law enforcement officers shall report no later than July 1, 2021, and at least annually thereafter.

      (6) Data acquired under this section shall be used only for statistical purposes and not for any other purpose. The data may not contain information that reveals the identity of any stopped individual or the identity of any law enforcement officer. Data collected by law enforcement agencies or held by the Oregon Criminal Justice Commission under this section that may reveal the identity of any stopped individual or the identity of any law enforcement officer is exempt from public disclosure in any manner.

      (7) The Department of Justice, the Department of Public Safety Standards and Training and the Department of State Police may adopt rules to carry out the provisions of ORS 131.930 to 131.945. [2017 c.706 §2]

 

      131.940 Analysis of stop data to identify profiling; report. (1) The Oregon Criminal Justice Commission shall review all data, including the prevalence and disposition of officer-initiated pedestrian and traffic stops, reported by law enforcement agencies pursuant to ORS 131.935 in order to identify patterns or practices of profiling.

      (2) The commission shall select one or more statistical analysis methodologies, determined to be consistent with current best practices, with which to review the data as described in subsection (1) of this section.

      (3) No later than December 1, 2019, and annually thereafter, the commission shall report the results of the review to the Governor, the Department of Public Safety Standards and Training and, in the manner provided in ORS 192.245, to the committees or interim committees of the Legislative Assembly related to the judiciary. [2017 c.706 §3]

 

      131.945 Training for law enforcement agencies; presentation to local public safety coordinating council. (1) The Department of Public Safety Standards and Training shall receive and review reports provided to the department by the Oregon Criminal Justice Commission pursuant to ORS 131.940.

      (2) Upon receipt of a report described in subsection (1) of this section, the department may provide advice or technical assistance to any law enforcement agency mentioned within the report. Any advice or technical assistance provided shall be based on best practices in policing as determined by the Oregon Center for Policing Excellence established in ORS 181A.660.

      (3) Upon providing advice or technical assistance under this section, the department shall, within a reasonable amount of time, present a summary of the advice and assistance given to the local public safety coordinating council in the county in which the assisted law enforcement agency is located. If the assisted law enforcement agency is the Oregon State Police, the presentation shall occur in Marion County. The presentation shall be open to the public, feature live testimony by presenters and be held in accordance with ORS 192.610 to 192.690. [2017 c.706 §4]

 

      131.990 [Formerly 145.990; repealed by 1987 c.526 §2]

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