(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]
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.