ORS 131.550
Definitions for ORS 131.550 to 131.600


As used in ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements):

(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 (Remedies available for private nuisance) to 105.520 (Justification of sureties) or 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) 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 (Additional definitions for Bank Act);

(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 (Definitions), 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 (“Insurer.”);

(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 (Definitions for Oregon Securities Law).

(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 (“Motor vehicle.”) 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 (Definitions for ORS 133.525 to 133.703).

(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 (Prohibited conduct for purposes of instrumentalities of crime).

(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]

Source: Section 131.550 — Definitions for ORS 131.550 to 131.600, https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html.

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
131.105
Timeliness of criminal actions
131.125
Time limitations
131.135
When prosecution commenced
131.145
When time starts to run
131.155
Tolling of statute
131.205
Definition for ORS 131.205 to 131.235
131.215
Jurisdiction
131.225
Exceptions
131.235
Criminal homicide
131.305
Place of trial
131.315
Special provisions
131.325
Place of trial
131.335
Change of venue
131.345
Motion for change of venue
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
131.405
Attendance of defendant at new place of trial
131.415
Conveyance of defendant in custody after change of venue
131.505
Definitions for ORS 131.505 to 131.525
131.515
Previous prosecution
131.525
Previous prosecution
131.535
Proceedings not constituting acquittal
131.550
Definitions for ORS 131.550 to 131.600
131.553
Legislative findings
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
131.566
Motor vehicle with hidden compartment
131.567
Recorded notice of intent to forfeit real property
131.570
Notice of seizure for forfeiture
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
131.585
Extent of judgment
131.588
Judgment of forfeiture
131.591
Equitable distribution of property or proceeds
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
131.605
Definitions for ORS 131.605 to 131.625
131.615
Stopping of persons
131.625
Frisk of stopped persons
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
131.665
Prevention by public officers
131.675
Dispersal of unlawful assemblages
131.685
Authority of Governor to enter into agreements with other states for crime prevention purposes
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
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
131.845
Findings
131.855
Appointment of special officers on finding that laws are not enforced
131.860
Qualifying of special officers
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
131.885
Offer of reward
131.890
Entitlement to reward
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
131.900
Liability for medical expenses for person restrained, detained or taken into custody
131.905
Legislative findings
131.906
Law Enforcement Contacts Policy and Data Review Committee
131.908
Funding contributions
131.909
Moneys received
131.915
Definitions
131.920
Policies and procedures prohibiting profiling
131.925
Complaints alleging profiling
131.930
Definitions
131.935
Collection of officer-initiated stop data
131.940
Analysis of stop data to identify profiling
131.945
Training for law enforcement agencies
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