(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 59.840 (Definitions for ORS 59.840 to 59.980), 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) "Official law enforcement use" means a use that may reasonably be expected to result in the identification, apprehension or conviction of criminal offenders.
(9) "Police officer" has the meaning given that term in ORS 133.525 (Definitions for ORS 133.525 to 133.703).
(10) "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.
(11) "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).
(12) "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.
(13) "Seizing agency" means a law enforcement agency that has seized property for criminal forfeiture.
(14) "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]