2017 ORS 135.275¹
Seizure of security by law enforcement agency

(1) A law enforcement agency may not seize any cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property that a person deposits, or attempts to deposit, with the clerk of the court, or a person designated by a magistrate to take security under ORS 135.270 (Taking of security), in order to obtain security release as described in ORS 135.265 (Security release) unless the law enforcement agency first obtains:

(a) A search warrant issued pursuant to ORS 133.545 (Issuance of search warrant) authorizing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as items subject to search and seizure as described in ORS 133.535 (Permissible objects of search and seizure); or

(b) A court order under ORS 131A.060 (Seizure with court order) directing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as property subject to forfeiture under ORS 131A.020 (Property subject to forfeiture).

(2) After seizing cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property under subsection (1) of this section, a law enforcement agency may not further transfer or distribute the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property to any person or entity without a court order specifically authorizing the transfer or distribution.

(3) As used in this section, “law enforcement agency” has the meaning given that term in ORS 131A.005. [2015 c.493 §2]

See also annota­tions under ORS 135.190 in permanent edi­tion.

Notes of Decisions

Enact­ment of these sec­tions did not deprive bail bondsmen of their right to engage in the bail bond business, and did not violate the pro­vi­sions of the Oregon or United States Constitu­tions. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)

The pretrial release pro­vi­sions of ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) do not violate Art. I, §14 of the Oregon Constitu­tion. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)

No one may be released from custody without executing and filing release agree­ment with clerk of court. Knutson v. Cupp, 287 Or 489, 601 P2d 129 (1979)

Atty. Gen. Opinions

Security release deposits as bail, (1979) Vol 40, p 139

Law Review Cita­tions

53 OLR 273-337 (1974); 66 OLR 661 (1987)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.