2015 ORS 131.553¹
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 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements);

(b) Transactions involving property subject to criminal forfeiture under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) 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 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements), 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 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) 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 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements).

(3) Nothing in ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) may be construed to limit or impair any right or remedy that any person or entity may have under ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title). 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]


1 Legislative Counsel Committee, CHAPTER 131—Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors131.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.