ORS 131.597
Disposition and distribution of forfeited property when seizing agency is the state


(1)

After the seizing agency distributes property under ORS 131.588 (Judgment of forfeiture), and when the seizing agency is the state or when the state is the recipient of property forfeited under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements), the seizing agency shall dispose of and distribute property as follows:

(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 (Status of seized property).

(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 (Judgment of forfeiture) (4).

(c)

Of the property remaining after costs have been paid under paragraph (a) of this subsection and distributions have been made under paragraph (b) of this subsection, the seizing agency shall distribute:

(A)

Three percent to the Asset Forfeiture Oversight Account established in ORS 131A.460 (Asset Forfeiture Oversight Account);

(B)

Seven percent to the Illegal Drug Cleanup Fund established in ORS 475.495 (Illegal Drug Cleanup Fund) for the purposes specified in ORS 475.495 (Illegal Drug Cleanup Fund) (5) and (6);

(C)

Ten percent to the state General Fund;

(D)

Subject to subsection (5) of this section, 40 percent to the Department of State Police or the Department of Justice for official law enforcement use; and

(E)

Forty percent to the Drug Prevention and Education Fund established in ORS 430.422 (Drug Prevention and Education Fund).

(2)

Intentionally left blank —Ed.

(a)

Any amount paid to or retained by the Department of Justice under subsection (1) of this section must be deposited in the Criminal Justice Revolving Account in the State Treasury.

(b)

Any amount paid to or retained by the Department of State Police under subsection (1) of this section must be deposited in the State Police Account.

(3)

The state may:

(a)

With written authorization from the district attorney for the jurisdiction in which the property was seized, destroy any firearms or controlled substances.

(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 any vehicles, firearms or other equipment usable for law enforcement purposes, for official law enforcement use directly by the state.

(d)

Lend or transfer any vehicles, firearms or other equipment usable for law enforcement purposes to any federal, state or local law enforcement agency or district attorney for official law enforcement use directly by the transferee entity.

(4)

When the state has entered into an intergovernmental agreement with one or more political subdivisions under ORS 131.591 (Equitable distribution of property or proceeds), or when a law enforcement agency of this state has entered into an agreement with another law enforcement agency of this state, an equitable portion of the forfeited property distributed under subsection (1)(c)(D) of this section must be distributed to each agency participating in the seizure or criminal forfeiture as provided by the agreement.

(5)

The property distributed under subsection (1)(c)(D) of this section, including any proceeds received by the state under an intergovernmental agreement or under an agreement between state law enforcement agencies, must be divided as follows:

(a)

When no law enforcement agency other than the Department of Justice participated in the seizure or forfeiture, or when the Department of Justice has entered into an agreement under subsection (4) of this section, the property must be deposited in the Criminal Justice Revolving Account.

(b)

When no law enforcement agency other than the Department of State Police participated in the seizure or forfeiture, or when the Department of State Police has entered into an agreement under subsection (4) of this section, the property must be deposited in the State Police Account.

(6)

The seizing agency may sell as much property as may be needed to make the distributions required by subsection (1) of this section. The seizing agency shall make distributions to the Asset Forfeiture Oversight Account and the Illegal Drug Cleanup Fund that are required by subsection (1) 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. [2005 c.830 §17; 2009 c.78 §55]

Source: Section 131.597 — Disposition and distribution of forfeited property when seizing agency is the state, 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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