Oregon Statutes 167.305 – Legislative findings
The Legislative Assembly finds and declares that:
Terms Used In Oregon Statutes 167.305
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Animals are sentient beings capable of experiencing pain, stress and fear;
(2) Animals should be cared for in ways that minimize pain, stress, fear and suffering;
(3) The suffering of animals can be mitigated by expediting the disposition of abused animals that would otherwise languish in cages while their defendant owners await trial;
(4) The suffering of animals at the hands of unlicensed animal rescue organizations that are unable to provide sufficient food and care for the animals can be reduced by requiring such organizations to comply with regulations;
(5) The State of Oregon has an interest in facilitating the mitigation of costs of care incurred by a government agency, a humane investigation agency or its agent or a person that provides treatment for impounded animals;
(6) A government agency, a humane investigation agency or its agent or a person that provides care and treatment for impounded or seized animals:
(a) Has an interest in mitigating the costs of the care and treatment in order to ensure the swift and thorough rehabilitation of the animals; and
(b) May mitigate the costs of the care and treatment through funding that is separate from, and in addition to, any recovery of reasonable costs that a court orders a defendant to pay while a forfeiture proceeding is pending or subsequent to a conviction;
(7) Use of preconviction civil remedies is not an affront to the presumption of innocence; and
(8) Amendments to current law are needed to ensure that interested parties are afforded adequate notice and an opportunity to be heard and thus cannot unduly delay or impede animal lien foreclosure and preconviction forfeiture processes through unfounded due process claims. [2013 c.719 § 1; 2017 c.677 § 1]
167.305 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.