2007 ORS 475A.065¹
Expedited hearing on claimed affirmative defense

(1) In any expedited hearing under ORS 475A.060 (Petition for expedited hearing) in which petitioner seeks a determination at the hearing of any of the affirmative defenses provided for in ORS 475A.085 (Affirmative defenses in civil action for forfeiture), 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 petitioner has proven an affirmative defense provided for in ORS 475A.085 (Affirmative defenses in civil action for forfeiture), 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 475A.085 (Affirmative defenses in civil action for forfeiture), the court shall continue the matter for further proceedings consistent with ORS 475A.075 (Civil action for forfeiture). [1991 c.934 §5]

Chapter 475A

Notes of Decisions

Civil forfeiture pro­ceed­ing under this chapter is not sufficiently crim­i­nal in nature to bar on state or federal double jeopardy grounds later pros­e­cu­­tion for prohibited con­duct that justified forfeiture. State v. Selness/Miller, 334 Or 515, 54 P3d 1025 (2002)

1 Legislative Counsel Committee, CHAPTER 475A—Civil Forfeiture, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­475a.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 475A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­475aano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.