(1) “All persons known to have an interest” means:
(a) Any person who filed a notice of interest for seized property with any public office, in the manner required or permitted by law, before the property was seized for forfeiture;(b) Any person from whose custody property is seized for forfeiture; and(c) Any person who has an interest in property seized for forfeiture, 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.(2) “Attorney fees” has the meaning given that term in ORCP 68 A.(3) “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;(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 86A.100, 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 Administration;(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 the 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 local government, as defined by ORS 174.116, or special government body, as defined by ORS 174.117, including but not limited to such agencies as the Portland Development Commission;(g) An insurer as defined in ORS 731.106;(h) A private mortgage insurance company;(i) A pension plan or fund or other retirement plan; and(j) A broker-dealer or investment adviser as defined in ORS 59.015.(4) “Forfeiting agency” means a public body that is seeking forfeiture of property under this chapter.(5) “Forfeiture counsel” means an attorney designated by a forfeiting agency to represent the forfeiting agency in forfeiture proceedings.(6) “Forfeiture proceeds” means all property that has been forfeited in a proceeding under this chapter, including money, earnings from forfeited property and amounts realized from the sale of forfeited property.(7) “Instrumentality” has the meaning given in ORS 131.550.(8) “Law enforcement agency” means any agency that employs police officers or prosecutes criminal cases.(9) “Motor vehicle with a hidden compartment” means a motor vehicle as defined in ORS 801.360 that has had the vehicle’s original design modified by a person other than the manufacturer to create a container, space or enclosure for the purpose of concealing, hiding or otherwise preventing discovery of its contents and that is used or intended to be used to facilitate the commission of a criminal offense.(10) “Police officer” has the meaning given that term in ORS 133.525.(11) “Proceeds of prohibited conduct” means property derived directly or indirectly from prohibited conduct, or maintained by or realized through prohibited conduct. “Proceeds of prohibited conduct” includes any benefit, interest or property of any kind, without reduction for expenses of acquiring or maintaining the property.(12) “Prohibited conduct” means:
(a) Violation of, solicitation to violate, attempt to violate or conspiracy to violate a provision of ORS 475.005 to 475.285 and 475.744 to 475.980 when the conduct constitutes the commission of a crime as described in ORS 161.515;(b) Violation of, solicitation to violate, attempt to violate or conspiracy to violate section 3, 4, 5 or 6 of this 2017 Act when the conduct constitutes the commission of a crime as described in ORS 161.515;(c) Violation of, solicitation to violate, attempt to violate or conspiracy to violate ORS 475B.185;(d) Violation of, solicitation to violate, attempt to violate or conspiracy to violate a provision of ORS 163.263, 163.264, 163.266 or 167.017; and(e) Other conduct that constitutes the commission of a crime as described in ORS 161.515, that provides for civil forfeiture of proceeds or instrumentalities of the conduct and that is made subject to the provisions of this chapter under ORS 131A.010(4) or other law.(13) “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.(14) “Public body” has the meaning given in ORS 174.109.(15) “Seizing agency” means a law enforcement agency that has seized property for forfeiture.(16) “Weapon” means any instrument of offensive or defensive combat or anything used, or designed to be used, in destroying, defeating or injuring a person.
ORS 131A.005
Amended by 2017 Ch. 21,§ 39, eff. 4/21/2017. 2009 c. 78, § 1; 2009 c. 874, § 8; 2011 c. 335, § 1
