(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 131A.360 and 131A.365, 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 131A.360 and 131A.365.
(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 131A.360 and 131A.365. 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 as a cost of prosecuting the case under ORS 131A.360 (3) and 131A.365 (2). [2009 c.874 §7]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 131A - Civil Forfeiture
Section 131A.005 - Definitions.
Section 131A.010 - Legislative findings; preemption of local laws; remedy not exclusive.
Section 131A.020 - Property subject to forfeiture.
Section 131A.025 - Consensual search of motor vehicle; required notice.
Section 131A.030 - Seizure of motor vehicle with hidden compartment.
Section 131A.050 - Seizure generally.
Section 131A.055 - Inventory and receipt.
Section 131A.060 - Seizure with court order.
Section 131A.065 - Seizure without court order.
Section 131A.070 - Delivery by third person.
Section 131A.075 - Liens and security interests of financial institutions.
Section 131A.080 - Care and custody of seized property generally.
Section 131A.085 - Order for sale, lease, rental or operation of seized property.
Section 131A.090 - Forfeiture trust accounts.
Section 131A.100 - Hearing on probable cause.
Section 131A.105 - Decision on seeking forfeiture.
Section 131A.150 - Forfeiture notice.
Section 131A.155 - Recorded forfeiture notice.
Section 131A.160 - Transfer of proceedings prohibited.
Section 131A.170 - Expedited hearing on claim.
Section 131A.175 - Expedited hearing on affirmative defenses.
Section 131A.180 - Order restoring custody of property after expedited hearing.
Section 131A.200 - Ex parte forfeiture.
Section 131A.225 - Forfeiture actions generally.
Section 131A.240 - Response by affidavit.
Section 131A.245 - Hearing on objections to affidavit.
Section 131A.250 - Foreclosure of security interests, liens and vendor’s interests.
Section 131A.255 - Standards of proof in forfeiture action.
Section 131A.260 - Affirmative defenses in forfeiture action.
Section 131A.270 - Consolidation of actions.
Section 131A.275 - Special motion for release of property.
Section 131A.300 - Judgment forfeiting property generally.
Section 131A.305 - Judgment forfeiting property; judgment for forfeiting agency.
Section 131A.310 - Judgment for claimant.
Section 131A.315 - Default judgment.
Section 131A.350 - Disposition generally.
Section 131A.360 - Distribution of forfeiture proceeds by local government.
Section 131A.365 - Distribution of forfeiture proceeds by state.
Section 131A.400 - Prosecuting attorneys and forfeiture counsel.
Section 131A.405 - Liability of seizing agencies, forfeiting agencies and forfeiture counsel.
Section 131A.410 - Indemnification of officers, employees and agents; payment of civil penalties.
Section 131A.450 - Record keeping and reporting requirements.
Section 131A.455 - Asset Forfeiture Oversight Advisory Committee.