(1) Any claimant who is alleged to have engaged in prohibited conduct, and who has filed a responsive pleading or affidavit in the manner required by ORS 131A.235 or 131A.240, may file a special motion for the release of all or part of the property subject to the forfeiture action if a criminal action alleging the commission of a crime, as described in ORS 161.515, is not brought against any owner of the property within 90 days after the property is seized. The court shall grant the motion except upon good cause shown by the forfeiting agency. The release of the property does not affect the ability of the forfeiting agency to continue the action for the purpose of seeking forfeiture of the released property.(2) A motion under this section may not be made for the release of any property that is held as evidence or for protective purposes.
