(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 ยง9]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Section 131.005 - General definitions.
Section 131.015 - Application to prior and subsequent actions.
Section 131.040 - When law enforcement officer may communicate with person represented by counsel.
Section 131.045 - Appearances by simultaneous electronic transmission.
Section 131.125 - Time limitations.
Section 131.145 - When time starts to run; tolling of statute.
Section 131.215 - Jurisdiction.
Section 131.235 - Criminal homicide.
Section 131.305 - Place of trial.
Section 131.315 - Special provisions.
Section 131.395 - Expenses of change; taxation as costs.
Section 131.405 - Attendance of defendant at new place of trial.
Section 131.505 - Definitions for ORS 131.505 to 131.525.
Section 131.515 - Previous prosecution; when a bar to second prosecution.
Section 131.525 - Previous prosecution; when not a bar to subsequent prosecution.
Section 131.535 - Proceedings not constituting acquittal.
Section 131.550 - Definitions for ORS 131.550 to 131.600.
Section 131.553 - Legislative findings; effect on local laws; remedy not exclusive.
Section 131.558 - Property subject to forfeiture.
Section 131.561 - Seizure of property subject to forfeiture.
Section 131.564 - Status of seized property; release; maintenance and use.
Section 131.566 - Motor vehicle with hidden compartment.
Section 131.567 - Recorded notice of intent to forfeit real property; form.
Section 131.573 - Petition for expedited hearing.
Section 131.576 - Order restoring custody of property after expedited hearing.
Section 131.579 - Affidavit in response to notice of seizure for forfeiture.
Section 131.585 - Extent of judgment.
Section 131.588 - Judgment of forfeiture; contents; effect.
Section 131.600 - Record keeping and reporting requirements.
Section 131.602 - Prohibited conduct for purposes of instrumentalities of crime.
Section 131.605 - Definitions for ORS 131.605 to 131.625.
Section 131.615 - Stopping of persons.
Section 131.625 - Frisk of stopped persons.
Section 131.705 - Definitions for ORS 131.705 to 131.735.
Section 131.725 - Exclusion from public property.
Section 131.890 - Entitlement to reward; use of public money to reward bounty hunter.
Section 131.897 - Authority to order repayment of reward as part of sentence.
Section 131.905 - Legislative findings.
Section 131.906 - Law Enforcement Contacts Policy and Data Review Committee; duties; report.
Section 131.915 - Definitions.
Section 131.920 - Policies and procedures prohibiting profiling.
Section 131.925 - Complaints alleging profiling; complaint form.
Section 131.930 - Definitions.
Section 131.935 - Collection of officer-initiated stop data; use of data; rules.
Section 131.940 - Analysis of stop data to identify profiling; report.