Affirmative defenses in civil action for forfeiture
(1) A claimant may plead as an affirmative defense that the property was seized in violation of ORS 475A.025 (Property seized as result of consensual search of motor vehicle).
(2) In any action brought against property subject to forfeiture under ORS 475A.020 (Property subject to forfeiture generally) (7), a claimant may plead as an affirmative defense that the controlled substance was solely for personal use.
(3) If, by a preponderance of the evidence, the claimant proves a defense under this section, then judgment shall be entered for the claimant as provided in ORS 475A.110 (Judgment of forfeiture) (7).
(4) This defense may not be asserted by a financial institution that holds a security interest in the property. [1989 c.791 §8; 1991 c.322 §1; 1993 c.699 §21; 2001 c.780 §§10,10a; 2003 c.14 §§309,310; 2005 c.830 §32]
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.