Oregon Statutes 131A.255 – Standards of proof in forfeiture action
(1) In all forfeiture actions, the forfeiting agency must prove that a person has been convicted of a crime that constitutes prohibited conduct, and that the property to be forfeited is:
Terms Used In Oregon Statutes 131A.255
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Forfeiting agency: means a public body that is seeking forfeiture of property under this chapter. See Oregon Statutes 131A.005
- Instrumentality: has the meaning given in ORS § 131. See Oregon Statutes 131A.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Proceeds of prohibited conduct: includes any benefit, interest or property of any kind, without reduction for expenses of acquiring or maintaining the property. See Oregon Statutes 131A.005
- 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. See Oregon Statutes 131A.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) Proceeds of the crime for which the person has been convicted;
(b) An instrumentality of the crime for which the person has been convicted;
(c) Proceeds of one or more other crimes similar to the crime for which the person was convicted; or
(d) An instrumentality of one or more other crimes similar to the crime for which the person was convicted.
(2) A forfeiting agency may seek forfeiture of the property of a claimant who has been convicted of a crime that constitutes prohibited conduct if the property to be forfeited meets the requirements of subsection (1) of this section. A forfeiting agency may seek forfeiture of the property of a claimant who has not been convicted of a crime if the forfeiting agency proves that:
(a) Another person has been convicted of a crime that constitutes prohibited conduct;
(b) The property to be forfeited meets the requirements of subsection (1) of this section; and
(c) The claimant:
(A) Took the property with the intent to defeat forfeiture of the property;
(B) Knew or should have known that the property was proceeds of prohibited conduct; or
(C) Acquiesced in the prohibited conduct.
(3) Except as provided in subsection (5) of this section, if the property to be forfeited in a forfeiture action is personal property, the forfeiting agency must prove the elements specified in subsection (2) of this section by a preponderance of the evidence. If the property to be forfeited in a forfeiture action is real property, the forfeiting agency must prove the elements specified in subsection (2) of this section by clear and convincing evidence.
(4) For the purposes of subsection (2)(c) of this section, a claimant shall be considered to have acquiesced in prohibited conduct if the claimant 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.
(5) If the forfeiting agency establishes in a forfeiture action that cash, weapons or negotiable instruments were found in close proximity to controlled substances or to instrumentalities of prohibited conduct, the burden is on any person claiming the cash, weapons or negotiable instruments to prove by a preponderance of the evidence that the cash, weapons or negotiable instruments are not proceeds of prohibited conduct or an instrumentality of prohibited conduct. [2009 c.78 § 32]