2007 ORS 475A.080¹
Standards of proof in civil action for forfeiture

(1) Except as provided in subsection (2) of this section, in all civil forfeiture actions the forfeiting agency must prove that the claimant of the property has been convicted of a crime that constitutes prohibited conduct, and that the property to be forfeited is:

(a) Proceeds of the crime for which the claimant has been convicted;

(b) Instrumental in committing or facilitating the crime for which the claimant has been convicted;

(c) Proceeds of one or more other crimes similar to the crime for which the claimant was convicted; or

(d) Instrumental in committing or facilitating one or more other crimes similar to the crime for which the claimant was convicted.

(2) A forfeiting agency may bring an action for civil forfeiture of property of a claimant who has not been convicted of a crime if the forfeiting agency proves all elements of subsection (1) of this section with respect to another person and:

(a) That the claimant took the property with the intent to defeat forfeiture of the property;

(b) That the claimant knew or should have known that the property was proceeds of prohibited conduct; or

(c) That the claimant acquiesced in the prohibited conduct.

(3) If the property to be forfeited in a civil forfeiture action is personal property, the forfeiting agency must prove the elements specified in subsection (1) or (2) of this section by a preponderance of the evidence. If the property to be forfeited in a civil forfeiture action is real property, the forfeiting agency must prove the elements specified in subsection (1) or (2) of this section by clear and convincing evidence.

(4) For the purposes of subsection (2)(c) of this section, a person shall be considered to have acquiesced in prohibited conduct if the person knew of the prohibited conduct and failed to take reasonable action under the circumstances to terminate the prohibited conduct or prevent use of the seized property to facilitate the prohibited conduct. [1989 c.791 §13; 2001 c.780 §§9,9a; 2005 c.830 §30]

Notes of Decisions

Assigning burden of proof to claimant does not violate federal due process rights. State v. $113,871 in U.S. Currency, 152 Or App 770, 954 P2d 218 (1998), Sup Ct review denied

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.