Objects held unlawfully considered contraband
- • seizure
- • procedure
- • disposition of seized objects
(1) Archaeological objects, funerary objects, human remains, sacred objects and objects of cultural patrimony that are held in violation of the provisions of ORS 358.920 (Prohibited conduct) or 390.235 (Permits and conditions for excavation or removal of archaeological or historical material) are contraband. A police officer shall seize all items declared to be contraband under the provisions of this section if the police officer has reasonable cause to believe the items are held in violation of the provisions of ORS 358.920 (Prohibited conduct) or 390.235 (Permits and conditions for excavation or removal of archaeological or historical material).
(2) A law enforcement agency employing a police officer who seizes contraband items under this section shall give notice of the seizure to the district attorney for the county in which the items are seized and the Commission on Indian Services. The district attorney shall promptly investigate to determine whether any person or Indian tribe claims the items seized. The commission shall designate any appropriate Indian tribe and give notice to the tribe of the seizure.
(3) If any person claims items seized under this section, the district attorney shall file a petition with the circuit court for the county for an expedited hearing on the claim. The court shall conduct a hearing for the sole purposes of determining:
(a) Whether the items are archaeological objects, funerary objects, human remains, sacred objects or objects of cultural patrimony;
(b) Whether any arrowheads seized under this section were collected in compliance with ORS 358.920 (Prohibited conduct) (1)(b); and
(c) Whether a person claiming an item other than an arrowhead can lawfully possess the item under ORS 358.905 (Definitions for ORS 358.905 to 358.961) to 358.961 (Time limitations on actions or proceedings).
(4) If items seized under this section are not claimed by any person, or the circuit court determines that the items may not be returned to the claimant under the provisions of subsection (3) of this section:
(a) Archaeological objects shall be delivered to the Oregon State Museum of Anthropology and curated as described in ORS 358.920 (Prohibited conduct) (4)(a).
(b) Funerary objects, human remains, sacred objects and objects of cultural patrimony shall be returned to the appropriate tribe for reinterment or other disposition as provided in ORS 358.940 (Reinterment required). [2001 c.739 §2; 2017 c.242 §2]
Note: 358.924 (Objects held unlawfully considered contraband) and 358.928 (Alternative method for seizure and forfeiture of instrumentalities and proceeds of certain violations) were added to and made a part of 358.905 (Definitions for ORS 358.905 to 358.961) to 358.961 (Time limitations on actions or proceedings) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
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.