2017 ORS 131A.175¹
Expedited hearing on affirmative defenses

(1) In any expedited hearing under ORS 131A.170 (Expedited hearing on claim) in which a petitioner seeks a determination at the hearing of any of the affirmative defenses provided for in ORS 131A.260 (Affirmative defenses in forfeiture action), the court may consider evidence relating to those affirmative defenses and shall make a determination as to any of those defenses that may be asserted by the petitioner.

(2) If the court finds that the petitioner has proven an affirmative defense provided for in ORS 131A.260 (Affirmative defenses in forfeiture action), the court shall order that custody of the seized property be returned to the petitioner, to the extent of the petitioner’s interest, pending a final determination as to the disposition of the property, unless the forfeiting agency can show that the return of the property will result in prejudice to the agency in seeking forfeiture of other claimants’ interest in the property.

(3) If the court finds that the petitioner has failed to prove an affirmative defense provided for in ORS 131A.260 (Affirmative defenses in forfeiture action), the court shall continue the matter for further proceedings as a forfeiture action under this chapter. [2009 c.78 §23]

1 Legislative Counsel Committee, CHAPTER 131A—Civil Forfeiture, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors131A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.